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(영문) 서울남부지방법원 2020.09.22 2020가단216022

구상금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that conducts international logistics brokerage business, etc., and the defendant is a company that provides Chinese pregnant processing business with raw materials to ensure the entrusted production of clothing and sells them in Korea.

B. On August 2019, the Defendant: (a) requested the entrusted production of the 1,185 Chapter 1,185 (hereinafter “instant clothing”) of the clothes, such as male boomer, male boomer, female boomer, female boomer, female boomer, etc. (hereinafter “C”).

C. On December 26, 2019, the Defendant requested D Bank to transfer USD 27,165.87 to C the instant clothing payment, but did not immediately cancel and transfer it. D.

C The export agent chain E (hereinafter referred to as “E”) requested F (hereinafter referred to as “F”) to transport the instant clothing to Incheon port. F again requested the Plaintiff to transport the instant clothing to Incheon port through G company on December 27, 2019.

E. On December 28, 2019, the Plaintiff issued a delivery order to the Defendant on December 30, 2019 upon arrival of the instant clothing at Incheon Port. Accordingly, the Defendant received the instant clothing.

F. On January 6, 2020, the Plaintiff did not confirm the payment of goods by the importer to the Defendant, and the Plaintiff’s electronic cargo was delivered without the exporter’s permission, and thus, requested the exporter to pay or return the goods. The Defendant rejected this.

G. On July 7, 2020, F paid the freight price to C on behalf of the Plaintiff with respect to the instant clothing transport accident, and would receive compensation for damages from the Plaintiff, and written a written confirmation that transferred all rights related to the freight to the Plaintiff and issued it to the Plaintiff.

H. Upon F’s request, the Plaintiff remitted USD 27,165.87 to F as compensation for damages the sum of USD 7,672.32 on July 16, 2020, USD 19,493.55 on August 3, 2020.