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(영문) 서울서부지방법원 2020.02.20 2019나33207

대납금 청구의 소

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On October 19, 2016, the Defendant asserted that, for the sale of products using the D system of online shopping mall C (the storage of the seller's products in D and C on behalf of the seller, C is acting for the customer's order processing, customer service, delivery, etc.) on October 19, 2016, the Defendant would have known that the Defendant would be an importer and the Defendant would have known that the Defendant would be an importer and would have known that the Defendant would import each of the instant products. However, in the case of the United Kingdom, the Defendant would have been an importer in the United Kingdom, with the knowledge that in the sale of goods using C's D system, the Plaintiff would request the Plaintiff to transport the instant goods and would have imported the instant goods by the Plaintiff's partner in the United Kingdom.

After importation, a contract of carriage was entered into with the content of requesting delivery to the United Kingdom Cware (hereinafter “instant contract”).

B. From October 20, 2016 to November 12, 2016, the Plaintiff sent the E, etc. (hereinafter “instant 1-4 goods” in accordance with the order of delivery, and completed the import customs clearance procedure through the F company, from which the Plaintiff sent the said goods, including each of the instant goods, to the aircraft.

C. F Co., Ltd. filed a claim with F Co., Ltd. for customs duties and surcharges on each of the instant goods, import agency works, and inland transportation costs as indicated below. On November 25, 2016, the Plaintiff paid F Co., Ltd. customs duties and surcharges on the instant 1 and secondary goods, import agency fees, customs duties and surcharges on the instant 3 and 4 goods, and import agency fees on September 15, 2017.

The plaintiff delivered through Fran as requested by the defendant part of each of the goods of this case to the United Kingdom Cware, but the defendant.