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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant’s conclusion of a contract of carriage 1) The Plaintiff is a corporation that is engaged in combined freight forwarding business, etc., and exports from domestic shippers to India on or around June 2018 (hereinafter “instant cargo”).
(2) On June 20, 2018, the Defendant was entrusted with the transportation of the instant cargo from the Plaintiff to the container piling-up and cargo terminal, and the shipment of the instant cargo to the vessel, etc., as a corporation engaging in customs clearance, warehouse storage, harbor service, etc.
(hereinafter “instant transport contract”). B.
The Defendant entered the instant cargo into the Defendant’s warehouse on June 22, 2018 in accordance with the instant transport contract. As such, the Defendant loaded the said cargo into the Defendant’s warehouse on June 22, 2018, and loaded it to India on June 28, 2018. 2) However, in the process of container loading, the Defendant stored part of the instant cargo (in four quantities, “instant omitted cargo”) in the warehouse as it is, and the Plaintiff was notified by C (hereinafter “C”) (hereinafter “C”) in charge of customs clearance and transportation of the instant cargo at the site of delivery at the end of July 2018.
3) At the time, C completed the import clearance procedure of the container in which the instant cargo was loaded at India, and transported the remainder of the cargo except the instant cargo omitted to the importer. (c) On August 10, 2018, the Plaintiff transported the instant omitted cargo to India by means of air with the Defendant’s consent on August 10, 2018. During that process, C spent a total of KRW 5,052,577 as indicated in Table 1 below.
(Inclusion of value-added tax, hereinafter “the cost of domestic transportation of this case”). [Attachment 1] [Attachment 1] 4,349,100 4,349,100 2 D76,840 76,840 76,840 3 Ams CHGE 1,000 1,100 1,100 1,100 4 TERMINALHAL CHCRGE 68,670 6,867.