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in判決書

臺灣基隆地方法院106年度重訴字第41號

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       10641                       106 126 104 6 7 104 6 30使860,163.4829,942,291 133323345 23544 224 184 188 使544 224 184 188 29,942,2915% 29,942,2915% 使900 971229104 6 306 beltNo.429473/103 429473/101104 6 30104 6 30退104 7 2 163 1 3 900 30,000217 218 TCNU0000000 104 6 104 6 30退104 7 2 APLLE HAVER16W30104 8 31104 9 8 使544 224 184 188 217 218 TCNU0000000 104 6 104 6 30退104 7 2 APLLE HAVER16W30104 8 31104 9 8 102052628890104 6 2692939495284 285 104 6 30544 224 184 188 107 109 221 103 1 1 107 1231退退使221 236 3 23104 6 30 900 913,453 900 3,453 使900 104 6 30 CAUSEThe Insured claimed that the scratches on this set of Berndorf Band - Production Beltbelt no.429473/103was occurred during the course of customs inspection at customs warehouse on 30 June 2015. In order to establish a likely cause, we took further investigation as below-Pre-shipment ConditionThis set of Berndorf Band-Production Beltbelt no.429473/103was scheduled to be delivered back to manufacturer for upgrade,which remained in the original packing crate and being loaded and secured inside thecontainer no.TCNU0000000 for the FCL / FCL delivery.According to photographs provided by Insured,itshowed that this crate was properly secured inside the container.Customs InspectionThis shipment was elected for customs inspection. We were able to interview the customs broker's employeeMr. Li, Chih-Hungand customs inspectorMr. Yang,Wan-Favia telephone and were provided by thefollowing informationCustoms broker's employee Mr. Li, Chih-Hung Since the shipment was packed by bulk wooden case which could not be easily opened inside the container, per customs officer's approval, the wooden case was opened a small holeby hammer.He used a hammer to open a hole first and then torn a hole on the inner packing material byhand.Customs inspectorMr. Yang, Wan-FaMr. Yang confirmed that the customs broker's employeeMr.Li,Chih-Hung entered the containerfor the unpacking work. While heMr. Yang, Wan-Fa did not enter the container but stood outside the container and waited for inspection. He said that he did not pay attention on the unpacking procedure taken by customs broker's employeeMr.Li, Chih-Hung.Please refer to below photographs provided by customs broker.Cargo DeliveryThe shipment was loaded into the containerno.TCNU0000000for FCL / FCL delivery via sea voyage. No incident was reported and this container was received in sound condition with intact seal. According to Delivery Receipt, it showed that this container arrived atConsignee's premises on 8 September 0000 and no irregularity was remarked on the delivery receipt. In addition, the crate was found still properly secured inside the container upon arrival.Consignee FindingsOn 30 July 2015, the Insured informed the Manufacturer (Consignee) that this set of Berndorf Band - Production Beltbelt no.429473/103was elected forcustoms inspection and therefore requested manufacturer to take special attention on the consignment while unpacking.- On 8 September 2015, this shipment arrived at manufacturer's factory and it was unloadedfrom the container and stored inside the factory. This crate was found with a broken hole, which have been re-tapped by transparent tape.According to photographs we noticed that the tape was printed with name of customs broker company.- On 12 October 2015, this crate was moved to production line and this cratewas unpacked.After unpacking, it was immediately noted the area correspondent to the broken hole of crate, the inner package had a forced broken hole. Manufacturer therefore took special inspection and attention on this broken hole area.After removing the Aluminium-compoud foil,it was noted 2 cut/scratches were existed on both 1st layer (blue colour) and inner layer covering foil (white colour) After removed theinner layer (white foil), it was also noted 2 cut/scratches existed on the belt.From the foregoing,it is very likely that the damage was occurred during the course of customs inspection in Taiwan. Berndorf Band 429473/10320156 30調Berndorf Band 429473/103TCNU0000000 / 使TCNU0000000 / 20169 8 20157 30Beradorf Band 429473/103- 20159 8 使- 20151012/ 2 / 15175759104 6 30/ 使104 1012/ / 1557120 126 Report crate unpackingBBG opened the first layer of covering foil and recognized during removing,that there were two cuts in the foil.BBG opened the first layer of covering foil and recognized during removing, that there were two cuts in the foil.After releasing the last layer of the covering foil, it was visible, that the cuts are also in the steel belt,as well as in the protection foil.BBG informed TacBright directly afterwards about the damages and started measurements at that areaemail from October 14th 2015.In BBG's experience the cuts were emerged by some kind of knife,which was harder than the steel belt. 20151014200 201 4445使使2030123 2030104 6 30 104 6 30544 224 184 188 217 218 2,994,291 2,994,291 78 106 12 20 20 106 12 20