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1.The judgment of the first instance shall be modified as follows:
The Defendant shall pay 110,680 won to the Intervenor succeeding to the Plaintiff and this.
Reasons
1. The reasoning for the court's explanation concerning this part of the basic facts is as follows: ① addition to the following items in Section 1-b of the reasoning of the judgment of the court of first instance; ② sub-section 3,347 "3,347" shall be removed as "3,347"; ③ addition to the following items; ④ addition to the description in Section 8 in the ground for recognition of the 4th 12th 12, the reasoning for the judgment of the court of first instance shall be as stated in Section 1 of the judgment, except for addition to the description in Section 8.
The article 420 of the Civil Procedure Act shall be quoted as it is.
There is a provision stating that the terms and conditions of the contract are stipulated in the back of the transport invoice of this case, and that “in the event that international treaties, such as Warsaw Convention, or laws, are not applied, the consignor shall file a high-priced report and does not pay the prescribed additional charges, the Defendant’s liability shall be limited to either USD 100 per cargo or USD 9.07 per pound ($ 20 per kg) on the back of the transport invoice of this case, whichever is larger (hereinafter referred to as “the terms and conditions of the contract of this case”).
B. On June 1, 2012, the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor succeeding to the Plaintiff”) acquired the entire business of the Plaintiff’s branch on the part of June 1, 2012, and was transferred the status of all the insurance contracts concluded at the Plaintiff’s branch including the instant cargo insurance contract.
2. Judgment on the plaintiff's claim
A. The reasoning for the court’s explanation on this part of the Defendant’s liability for damages against the Non-Pelri is the same as that of the second paragraph of the reasoning of the judgment of the court of first instance, and thus, the same is cited by the main text of Article 420 of the Civil Procedure Act.
B. The court's explanation on this part as to whether the Plaintiff's claim for indemnity was established shall add "payment" to "the Plaintiff's insurance money" following the 5th judgment of the court of first instance, 19th to "the Plaintiff's insurance money," and 2th to 6th judgment of the court of first instance.