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(영문) 서울서부지방법원 2020.08.18 2019가단269524

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 16, 2017, Nonparty C limited liability company (hereinafter “C”) entered into a contract with D companies in the United States of America (hereinafter “Nonindicted Company”) to keep medical device products, etc. manufactured by Nonparty C in the warehouse located in the Republic of Korea and deliver them to Nonparty Company’s customers (hereinafter “instant storage contract”).

B. The non-party company introduced the Plaintiff to C as a sales agent in the Republic of Korea, and thereafter C has fulfilled the instant storage contract in the form of delivering it to the relevant customer and receiving remuneration from the non-party company if C requests that the Plaintiff deliver the products in its custody to the medical institution, etc.

C. From the implementation of the storage contract in this case, C’s duties, such as exchange of intent with the Plaintiff’s counterpart and return to the Nonparty’s company, etc., the Defendant, an affiliated company of C, carried out the duties as delegated by C, and the Defendant, if any, returned goods to the Nonparty Company, was carried out by the sender as the Plaintiff.

On May 28, 2019, the non-party company notified C of the termination of the storage contract of this case on the ground of the receipt of the business scrap in the Republic of Korea, and requested C to return the medical device owned by the non-party company (hereinafter “instant product”).

E. On July 11, 2019, the Defendant: (a) issued a commercial invoice from the non-party company to the Plaintiff; (b) prepared an export declaration form with the sender as the Plaintiff on July 17, 2019; and (c) returned the instant goods to the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Although the goods of this case were owned by the plaintiff, the defendant committed a tort by returning the goods of this case to the non-party company without the plaintiff's consent, the defendant is liable to compensate for the damages suffered by the plaintiff.

B. The Plaintiff.