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(영문) 인천지방법원부천지원 2020.10.30 2020가합103558

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant), USD 26,773.68, and USD 587,680, among them, and US dollars 12.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at international logistics brokerage business, trade business, etc., and the defendant is a company with the purpose of manufacturing and delivering paintings and man-made assistance yarn, wholesale business, etc.

B. On August 31, 2018, the Defendant entrusted the Plaintiff with the transport of 683 Kaju (21,805 g) and 880 Kaju (22,00 g) (hereinafter “instant cargo”) from the Busan port to the Habwa Hashe (hereinafter “instant transport”).

(hereinafter “instant 1 Transport Contract”). The freight terms and conditions (B/L) of the instant 1 Transport Contract refer to the payment of the freight at the place of shipment by the exporter, who is the shipper, at the place of shipment, at the time of issuance of the bill of lading (B/L). The freight terms and conditions of the instant 1 Transport Contract refer to the payment of the freight at the place of shipment.

(c).

The Plaintiff, a shipping company, requested C (hereinafter referred to as “C”) to transport the instant cargo.

C refers to the "Stockpiling goods into containers" loaded in two containers from the Defendant.

On September 13, 2018, the cargo of this case was delivered, and the cargo was loaded at the port of Busan on September 13, 2018, and on October 15, 2018, the ship at which the cargo was loaded arrived at the bend of Mak-be.

Around that time, the buyer (Consignee) of the instant cargo (hereinafter “the buyer”) contacted the Defendant to the effect that the payment of the sales price was delayed, and the Defendant requested the Plaintiff to suspend inland transportation of the instant cargo (e.g., g., from the Moi BBB).

The instant buyer continued not to pay the purchase price, and the customs clearance procedure of the instant cargo was not followed until November 12, 2018.

As such, the customs authority of the instant cargo from October 15, 2018 to November 12, 2018, when the customs clearance procedure of the instant cargo did not proceed, begins with the public auction procedure for the said cargo.