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(영문) 서울동부지방법원 2016.08.19 2016가합101370
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the import of new shoes, clothing, miscellaneous goods, etc. and online sales business. The Defendant is a company that runs warehouse business, cargo handling business, logistics consulting business, medical manufacturing and processing business.

B. Around January 2013, the Plaintiff entered into a logistics agency contract with the Defendant (hereinafter “instant contract”) with the following content.

Article 2 (Scope of Goods Distribution Agency Services) The defendant shall, at the request of the plaintiff, refer to the following services:

(1) Services - Goods inspection, loading, registration, storage, data management, and notification. (2) Delivery - Delivery vehicle management, sets and packaging management, invoice issuance, inspection and confirmation of delivery - Products shall be elected without fail.

(3) Postal service - Safekeeping management and inventory management and (4) delivery services - Transmittal information management, delivery and invoice information management, cargo tracking management, and (5) Freight tracking management, and inventory inspection - Total inventory inspection shall be conducted once every quarter (three months) and it is possible to adjust the schedule and progress through mutual consultation.

- Some inventory inspections shall be conducted from time to time and shall be notified to the Plaintiff of the results of the inspections.

- Inventory inspection shall proceed simultaneously with the plaintiff and the defendant.

Article 6 (Limitation of Compensation and Liability for Damage)

1. The defendant shall compensate the plaintiff for all damages caused by the theft, damage, loss, etc. of stored goods caused by the defendant's intention or negligence.

The portion exceeding the recognized LOSS ratio shall be compensated at the purchase cost, and if it is agreed to be the mutual repair key at the time of partial damage, it shall be exempted from liability by repair at the defendant's expense.

- The base-year Loss Recognition Rate 0.1% (on an annual average inventory basis), but Canada has the duty of care to minimize Losss 0.03% by the defendant, and the defendant must find out the causes of the occurrence and submit the measures to prevent them in writing to the plaintiff.

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