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(영문) 서울남부지방법원 2017.03.16 2016가합103683
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant Loenzers, Inc. shall be dismissed.

2. Defendant A, Inc.

Reasons

The basic fact is that the plaintiff is a company established in accordance with the law of Bangladesh, and the main purpose of the clothing manufacturing business is the plaintiff.

A Co., Ltd. (the trade name was changed from C to B on March 18, 2014; hereinafter “B”) and Defendant A Co., Ltd. (hereinafter “Defendant A”) are companies primarily engaged in clothing wholesale business and trade business, and Defendant E Co., Ltd is a company aimed at transportation business, etc.

On October 3, 2013, the Plaintiff sent to B the clothes equivalent to USD 69,100.94 on October 3, 2013 according to the orders of B.

Defendant AC entered into a marine transport contract with B, and transported the above clothing from the Saghitag to the Incheon Republic of Korea.

The above clothes were cleared through customs on October 24, 2013 (hereinafter “instant First Cargo”), and entered into the warehouse B on October 25, 2013.

On October 12, 2013, the Plaintiff sent clothing equivalent to USD 47,196.48 to B according to the orders of B.

Defendant E.C entered into an air transport contract with B, and transported the above clothing to the Incheon Military Port from the Silghian Military Port.

The above clothes were cleared through customs on October 14, 2013 (hereinafter “instant Second Cargo”) and stored in B’s warehouse on October 14, 2013.

(2) In addition to the above two orders, the sales contract of this case is deemed to have been combined with USD 116,297.42 (i.e., USD 69,100.94, USD 47,196.48). When the sum of the sales price of this case is converted to KRW 1,132.10,00 per exchange rate as of February 28, 2017, which is the date of closing argument of this case, KRW 131,60,309 (= USD 116,297.42 x USD 1,132.10 x the minority).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul 1, 2, 3 through 5, 9, 10 evidence (including a variety number, hereinafter the same shall apply) and the plaintiff's assertion of the purport of the whole pleadings.

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