손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On February 2013, the Plaintiff entered into a contract with the CJ Korea Transportation Co., Ltd. (hereinafter “Korea Transportation”) on behalf of the Plaintiff to transport goods imported by the Plaintiff, and the Korea Transportation Co., Ltd. entered into a contract with the Defendant to keep the goods imported by the Plaintiff in the Defendant’s warehouse. However, the work charge is KRW 400,000 per container, and the storage charge is KRW 10 per day after exemption from 15 days.
B. Since then, the Plaintiff, directly with the Defendant, was carrying out the duties on the storage and release of the goods that he imported and cleared.
C. On December 2013, the Defendant informed the Plaintiff of the occurrence of KRW 6,728,360 (including value-added tax) as storage fees for the Plaintiff’s goods.
On December 27, 2013, the Defendant sent to the Plaintiff a statement on the Plaintiff’s request stating that “if the Defendant does not pay KRW 3 million with respect to the Plaintiff’s release of cargo, it is inevitable to prohibit the Defendant from shipping the cargo without delay in custody, so the said amount would be settled and at the prime time.” On December 27, 2013, the Plaintiff deposited KRW 3,300,000 into the Defendant’s bank account.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 and 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a contract for the transportation of goods with the Korea Transportation Agency that is not the Defendant, and the Defendant had the Plaintiff pay KRW 3,300,000 as storage fees by force by force, even though the Plaintiff did not have the right to directly demand the payment of storage fees.
In addition, the Plaintiff agreed to pay the amount of KRW 400,00 in the case of STS CHAGE, and KRW 175,00 in the case of TTRUKING CHGE, which exceeds the amount of KRW 175,00,00, is unlawful.
In the end, the defendant receives custody fees from the plaintiff without any legal ground, which is unfair.