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(영문) 서울동부지방법원 2013.12.18 2012가단17210

운송료

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 51,928,80 and the interest rate thereon from March 3, 2012 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition (1) The Plaintiff is a company engaged in combined freight forwarding business, warehouse business, trade business, etc. The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in miscellaneous products retail business, food service, and miscellaneous trade business, and the Defendant C military personnel association (hereinafter “Defendant C military personnel association”) is a company engaged in profit-making business pursuant to Article 4-2 of the C military personnel association Act, and the Defendants jointly carried on business with Defendant B for exporting domestic products to Japan in 2011.

On May 18, 2011, the Plaintiff entered into a transportation contract, including land and maritime transportation, to export 400 mlives of 500 mlives containers of 40 mlives (hereinafter “the instant raw water”) to the Haco-ma in Japan through the Manyang Port, which is located in the factory called “D” in the Jeonnam-nam Y, “D” (hereinafter the instant raw water”).

(2) The Plaintiff, according to the instant transport contract from May 26, 201 to August 28, 201, transported the instant aquatic water to a light-sea international terminal at the manufacturing plant of the net hold, entered into a contract to commission the maritime transport to a gold boat company (hereinafter referred to as the “gold boat”), and agreed on the instant transport contract with Defendant B around October 7, 201, since the Defendants waiting for the scheduled shipment on June 3, 201, but the export of the instant aquatic water to Japan was suspended to the Defendant’s Japan, while keeping the instant aquatic water in the container container yard, the Plaintiff agreed on the instant transport contract with Defendant B around October 7, 201.

Defendant B agreed to pay the Plaintiff the amount of damages for the termination of the contract, including the cost incurred by the Plaintiff in relation to the life of the instant water and the storage fee to be paid to the front line of the train, and the amount of damages for the termination of the contract shall be KRW 51,928,80,000, among which the amount of damages shall be paid to the Plaintiff on the same day, and the remaining KRW 41,928,800, out of the amount of damages for the life of the instant container shall be paid to the Plaintiff on October 31, 201.