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(영문) 서울남부지방법원 2018.07.12 2017가합108524

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of arranging international logistics, etc., and Defendant B (hereinafter “Defendant Company”) is a legal entity established for the purpose of logistics transportation, etc., and Defendant C is the representative director of the Defendant Company.

B. The Plaintiff and the Plaintiff, D and E, a freight forwarding contract 1), the Plaintiff, at the beginning of February 2017, is D Co., Ltd. (hereinafter “D”).

(E) A freight forwarding contract was entered into between 13,634,000 won and 13,634,000 won to transport shoes and clothing to a consignee located in China, and E around February 2017 (hereinafter referred to as “E”).

B) A freight forwarding contract was entered into between the freight forwarding charges of KRW 10,891,00 with the volume of KRW 10,891,000 to transport the new products purchased from E from E to E located in China (hereinafter the subject matter of each of the above shipping contracts is referred to as “instant carriage goods”).

(C) On February 2, 2017, the Plaintiff requested the Defendant Company to transport the instant transported goods in order to perform the obligations under the freight forwarding contract concluded with D and E, and the Plaintiff on February 3, 2017 and the same month.

6. The instant goods were stored in the warehouse of the Defendant Company twice.

2) On February 8, 2017, the Defendant issued KINE at KRW 7,105,00,000, applying the fare of KRW 7,300/km to the instant transport goods and KRW 9,387,00,00, applying the fare of KRW 6,300/km to the instant transport goods 1,490 kilograms. On February 8, 2017, the Plaintiff paid KRW 7,105,000 to the account in the name of the Defendant C. D. On February 8, 2017, the Defendant combined the transportation of the instant transport goods in the instant case. The Defendant used terms in the transportation industry as a mixed term, and used in the transportation industry, meaning the method of forming a package container by collecting small amount of goods as a unit of container transport, and doing so. The Plaintiff paid KRW 7,105,000 to the transport goods in the instant case.