손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance that rejected the Plaintiff’s assertion is justifiable even when comprehensively considering the evidence and the result of pleadings
Therefore, the reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is decided to accept it by the main text of Article 420
[The Plaintiff asserts at the trial that the terms of the contract of this case are “Dor-to-Dor services” and not “Dor-to-do services,” but the Defendants’ delivery should be completed through customs clearance, and thus, the Defendants are obligated to guarantee the completion of customs clearance and delivery of the instant cargo and to complete the delivery. However, if the facts of the first instance trial and the purport of the entire pleading is added to the entries in the evidence No. 3, the Defendants are obliged to comply with the laws and regulations of the State related to the delivery of the instant cargo, to provide accurate and complete information, documents, customs clearance, etc., and to make accurate and complete reports. Thus, even if the terms of the contract of this case are “Drat-to-do services,” the Defendants still meet the requirements related to the import of the instant cargo, and the Defendants are obligated to provide documents necessary for customs clearance in China (BB and C).
In addition to the purport of the whole argument in the statement in Eul evidence No. 4, the cargo of this case cannot be treated as personal cargo in accordance with the Chinese customs procedure, and in order to process customs as a company product, specific documents shall be submitted.