logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.01.21 2019가단216704
컨테이너 체화료 청구의 소
Text

1. The Defendant’s 144,786 US dollars and 15% per annum from May 18, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is Hong Kong corporation that runs the transportation business, and the defendant is a Korean corporation that runs the maritime cargo transportation brokerage business, the marine transportation brokerage business, etc.

B. C (hereinafter “exporter”) as a Chinese company entered into a contract to export D Co. Ltd. (hereinafter “import”) to D (D. Co. Ltd; hereinafter “import”), and requested E (E. Ltd; hereinafter “Nonindicted”) as a Chinese company, to transport the instant cargo. The non-party company entered into a contract with the Plaintiff to transport the instant cargo to Incheon Port from the Skn Port.

C. On December 21, 2017 (F-related, No. G), and December 24, 2017 (H-related, No. 1), the Plaintiff drafted two copies of a bill of lading (hereinafter “each of the instant bills of lading”) with the consignor and the Defendant as the consignee and the Defendant, respectively.

On the other hand, the non-party company issued two copies of the No.S. bill to which the consignor and the Industrial Bank of Korea instruct the exporter as the consignee and the importer.

On December 21, 2017, part (F related, bill of lading No G) of the instant cargo was loaded and transported to five of the Plaintiff’s container at the Warman’s port, and arrived at the Incheon Port on December 26, 2017.

E. On December 24, 2017, the remainder (H-related, B/L No. I) of the instant cargo was loaded and transported to seven of the Plaintiff’s container at the Warman’s port, and arrived at the Incheon Port on December 29, 2017.

F. However, even though the Defendant was issued a cargo delivery order by the Plaintiff, it did not receive the instant cargo due to the importer’s circumstances, and on April 30, 2019, there was USD 144,786 on containers until April 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, each of the statements and arguments Nos. 1, 2, Eul evidence Nos. 1, 2, and 1, 2, respectively.

arrow