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(영문) 서울동부지방법원 2019.01.18 2017나4203
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is a company that runs the wholesale and retail business of cosmetics, and the defendant is a company that runs the cargo transport brokerage business.

On January 25, 2017, the Plaintiff entrusted the Defendant with the transportation of cosmetics amounting to KRW 30 million (hereinafter “instant cosmetics”) equivalent to the supply value to KRW 30 million to the second floor D (hereinafter “D”) of the Seo-gu Busan Building, Busan, by January 26, 2017, and paid KRW 154,00 (including value-added tax) at its transportation cost.

(hereinafter referred to as “instant transport contract”) B.

The Defendant’s employee sent a wrong transport address to the transport engineer (E) in charge of the transportation of the instant cosmetics, and requested the transport engineer to contact immediately before the transport engineer was transported to an erroneous transport address (F building) on January 26, 2017 to inform the correct address (2 km from F building) and D employees’ contact address and transport at the same time.

The transportation engineer demanded additional transportation fee of KRW 100,000,000, and the defendant representative director rejected it, the transportation engineer threatened the defendant's employee and D employee to abandon the cosmetics of this case.

Accordingly, the defendant notified the plaintiff and D of the above fact and reported it to the police, and searched the area around the F building, but did not find the cosmetics of this case.

The plaintiff and the defendant were justified that they did not comply with the unfair demand of transportation articles.

Since January 26, 2017, the defendant did not contact with the transportation engineer.

C. On January 28, 2017, if a transportation engineer wishes to find the instant cosmetics by directly communicating D around January 28, 2017 (former day), he/she demanded that 820,000 won be agreed upon (i.e., 50,000 won transportation charge of the instant cosmetics, which is KRW 20,000,000,000,000,000,000,000 won (hereinafter “instant agreement”).

The D representative director who was urgent to secure the cosmetic and send the cosmetic to overseas customers in advance does not consult with the plaintiff or the defendant on the same day.

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