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(영문) 서울중앙지방법원 2016.07.15 2015가단126723

통관료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is a company running cargo transport business, etc., and the Defendant requested the Plaintiff for transportation of cargo and customs clearance, and the Defendant completed each transportation and customs clearance as stated in the attached Form, and subsequently delivered to the Plaintiff the local occurrence cost at the Defendant’s request to settle the local occurrence cost later and delivered to the consignee

B. The Plaintiff paid considerable expenses due to delay in customs clearance while transporting and clearing the Defendant’s cargo (hereinafter “instant cargo”), and the expenses incurred in the process shall be borne by the Defendant in accordance with the aforementioned agreement.

C. Before the Defendant delegated the Plaintiff with customs clearance, the Defendant completed negotiations with Beck Brers (BEK KRKER) on logistics costs, and the delay in the customs clearance of the instant cargo is not attributable to the Plaintiff’s negligence due to the local circumstances in Uzbekistan, and there was no loss incurred by the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff 169,153,827 won and damages for delay converted USD 146,453.53 into Korean won.

2. The Plaintiff and the Defendant agreed to bear the costs of the Plaintiff’s assertion in relation to the customs clearance of the instant cargo only with the descriptions of the evidence Nos. 1 through 40 (including each number of branches; hereinafter the same shall apply) on the sole basis of the judgment Nos. 1 to 40, and it is insufficient to recognize that the Plaintiff actually paid the costs of the instant cargo. The Plaintiff’s assertion premised on this premise is not acceptable.

The reason is that the following facts and circumstances recognized by comprehensively considering the overall purport of the pleadings in each of the above evidence and evidence Nos. 1 to 34.

The Defendant paid USD 147,391,589 and USD 24,925 to the Plaintiff by July 31, 2014 as transportation cost for the instant 17 containers that the Plaintiff requested.