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(영문) 서울고등법원 2020.06.17 2019나2045167
손해배상(기)
Text

1. The Plaintiff’s appeal against the Defendants and the Defendant C Co., Ltd.’s appeal are all dismissed.

2. The appeal costs.

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[1] On March 20, 2018, the part of the judgment of the court of first instance, 4 pages 16, stating the phrase “as of March 20, 2018” as “as of March 21, 2018: (a) around 14:12.”

Part 5 3 to 6 of the judgment of the first instance shall also be deleted from the part "In addition, there is damage to other FR container (container number: T) loaded in the window, such as contamination of the surface."

The 5th judgment of the first instance shall be added to the following 16th judgment:

3) On the other hand, on April 9, 2018, the Plaintiff: (a) had conducted customs procedures on April 1, 2018 in order to repair, clean, and operate five vehicles other than the engine falling down due to the instant accident; (b) had conducted unloading and inspection on April 10, 2018; and (c) transported the instant engine vehicles to the Plaintiff factory from the Busan Port wharf on April 11, 2018.

After that, until April 18, 2018, the Plaintiff performed the work of repairing, washing, and inspecting the operation of the five vehicles at the Plaintiff factory.

[Ground of recognition] The part of [Attachment 5] [Attachment 11 to 18, and 54] of [Attachment 5] (“Nos. 11 to 18, and 54”) are added.] [3. Determination on Defendant B’s liability for damages is determined to have occurred, and the part of “the occurrence” of Defendant B’s liability for damages was determined to have occurred, and the evidence submitted by the Plaintiff, such as the result of each fact-finding reply to the AA Co., Ltd. and the head of Busan Port Corporation, is insufficient to reverse it.”

Other parts of the judgment of the first instance, 10 to 11, “No such phenomenon has occurred in the case of cargo loaded in other FR containers.”

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