손해배상(기)
1. The Defendants jointly share KRW 136,00,000 with respect to the Plaintiff and the period from September 15, 2012 to December 8, 2014.
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff entrusted Defendant A with the carriage of 66 main pumps of the instant cargo (name k3V12DTP-H1F 4, k3V12DT-9C-9C-132-1 60, k2V12DT-9B-12, k2DT-9N24-12, hereinafter “instant cargo”). Defendant A re-entrusted Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the instant cargo customs clearance.
However, in the course of Chinese customs clearance, the cargo of this case was seized and sold by auction in violation of the relevant laws and regulations. The defendants are jointly liable to compensate the plaintiff for damages incurred by the plaintiff due to the tort.
B. Defendant A’s assertion re-entrusted the customs clearance of the instant cargo to the Defendant Company, so only the Defendant Company is liable for the Plaintiff’s damages incurred during customs clearance.
In addition, even if it was reported to the Chinese customs office differently from the actual situation in exporting the freight of this case, it was done under the Plaintiff’s implied consent, the Plaintiff cannot claim damages.
C. Defendant Company’s assertion that Defendant Company was not re-entrusted by Defendant A with customs clearance of the instant cargo in China. Thus, Defendant Company is not liable to compensate the Plaintiff for damages.
2. Facts of recognition;
A. The Plaintiff is a company that runs the business of importing and exporting construction machinery and construction machinery parts.
Defendant A is a merchant who engages in the business of arranging marine transportation of cargo, and Defendant A is a representative of the company that engages in export and import business, transportation business, etc.
B. On September 1, 2012, the Plaintiff entered into a cargo transport agreement with Defendant A, stating that “The instant cargo is transported to an importer in China,” and delivered the instant cargo to Defendant A on September 10, 2012.
C. Meanwhile, as between September 10, 2012 and D, the Defendant Company requested the export of the cargo by the Defendant Company.