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1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordered to pay the principal lawsuit.
Reasons
1. Basic facts
A. The Plaintiff Company is a company that manufactures, imports, and sells sports clothes, and the Plaintiff B is a representative of the Plaintiff Company and owns all the Plaintiff Company’s shares.
The defendant is a cargo manager of Incheon Customs E-designated storage place (hereinafter referred to as the "designated storage place of this case"), which is a designated storage place under the Customs Act, and collects expenses incurred in managing goods from the owner while carrying out the duties of storing imported goods into the designated storage place until the imported goods are shipped into the Republic of Korea and shipped out through customs procedures.
나. 원고 회사는 2008. 11.경 중국에서 웜업세트 등 겨울철 스포츠 의류를 제조하여 2008. 11. 11., 2008. 11. 21. 2008. 11. 22. 세 차례에 걸쳐 수입하였는데(이하 2008. 11. 11. 수입된 화물을 ‘1차 수입화물’, 2008. 11. 21. 수입된 화물을 ‘2차 수입화물’, 2008. 11. 22. 수입된 화물을 ‘3차 수입화물’이라 한다), 1차 수입화물은 D컨테이너터미널, 2차 수입화물은 이 사건 지정장치장, 3차 수입화물은 주식회사 F(이하 ‘F’라 한다) 보세창고에 각 장치되었다.
C. The Plaintiff Company: (a) completed the import declaration on November 13, 2008 for the primary imported cargo; and (b) did not sell it as scheduled but as scheduled; (c) deposited the said cargo with P who runs a warehouse business in the name of “G”; (d) completed the import declaration on December 2, 2008 for the secondary imported cargo on December 2, 2008 only for the 43CT (5k) and carried it out from the Defendant on the same day; and (e) "the remaining secondary imported cargo 650CT (7,975kg)" hereinafter referred to as the "the instant cargo.
And with respect to the third imported cargo, the customs clearance process was suspended on the ground of defects in shipping documents.
Plaintiff
On November 23, 2009, the Company taken out the primary imported cargo from G, and completed the import declaration on November 24, 2009 with respect to the instant cargo and the third imported cargo, and completed the import declaration on November 24, 2009, and completed the third imported cargo from F on November 30, 2009.