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(영문) 의정부지방법원 2019.04.04 2018가단116200
청구이의
Text

1. Of the instant lawsuit, the Defendant’s notary public against the Plaintiff No. 342 of the Cjoint Law Office No. 2017.

Reasons

Basic Facts

A. The Plaintiff is a company engaged in export forestry, domestic and foreign resource development and sales business, and the Defendant is a company engaged in the general logistics business, etc.

B. On March 2016 through April 4, 2016, the Plaintiff purchased fire saw (hereinafter “instant cargo”) from D Limited Liability Company, a Vietnam-based corporation, and delegated the Defendant with customs clearance of the instant cargo, etc.

(hereinafter “instant agency contract”). C.

E appears to have indicated the Defendant as a signator on the instant cargo for the purpose of promptly proceeding the customs clearance procedure of the instant cargo under the instant agency contract with the Defendant upon receiving delivery of the instant cargo from D Limited Company to March 2017 by the consignee from October 2016 to March 2017.

Then, after entering Incheon Port, the bill of lading was issued and the container containing the instant cargo was loaded on the container gate operated by FF Co., Ltd. (hereinafter referred to as “F”). D.

In the event the cargo was loaded on the container cover, the cargo shall be shipped out of the cargo before the expiration of free period of use, and the container shall be returned to the carrier, and if the cargo is not performed, the cost, such as de facto container usage fee and deposit fee, arises.

E. However, despite the continuous demand of the Defendant, etc., the Plaintiff failed to receive the instant cargo with the lapse of the free-of-charge period, and the payment of expenses related to the transport of the said cargo was delayed.

F. On May 17, 2017, E filed a lawsuit (Seoul Central District Court 2017Gahap228777) claiming for the payment of storage fees of the Defendant stated as a consignee on the bill of lading KRW 474,55,00 [the sum of the transitional custody fees of KRW 424,690,00 per day (the sum of KRW 5,00 per day) for containers 74 units of containers], etc. (the sum of the transitional custody fees of KRW 424,690,00 per day (the sum of KRW 5,00 per day) for each container] (Seoul Central District Court 2017Gahap28777).

2.2

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