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(영문) 서울고등법원 2008.06.26 2006나95579
운임
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. The Plaintiff is a company that runs the combined freight forwarding business and air freight agency business, and Defendant Samsung Electronic Co., Ltd. (hereinafter “Defendant Samsung Electronic Co., Ltd”) is a company that manufactures electronic equipment, mobile phones, etc., and Defendant Samsung Electronic Co., Ltd. (hereinafter “Defendant Samsung Electronic Co., Ltd”) is a company that carries on the comprehensive business distribution agency business.

B. In around 1999, the Plaintiff and Defendant Samsung Telecommunication entered into a transport contract (hereinafter “instant transport contract”) with Russia to transport the cargo exported to each area of the Plaintiff’s independent state (hereinafter “CIS”) for aviation or sea, and the Plaintiff continued to perform cargo transport business from the date of the contract to May 2005 according to the transport contract of this case.

C. Upon entering into the instant transport contract, the Plaintiff and the Defendant Samsung Telecommunicationex paid the freight including customs clearance fees in the case of the cargo sent to A’s waterworks B (hereinafter “B-oriented cargo”), and the freight not including the remainder in the area. The freight rate for the shipment from 1 to 15th day of each month is to be paid on the 12th day of the following month, and the freight rate for the shipment from 16 to 31th day of each month, respectively. In the case of the instant cargo B-oriented cargo, the transport section was set up in B bonded warehouse at the place where the cargo was received.

The Plaintiff, while performing duties under the instant transport contract, has suspended transport from June 23, 2003 to May 23, 2005, is transporting part of B-oriented cargo to two U.S. E. U.S. or Hong Kong by using the commercial invoice and freight specifications prepared by the Plaintiff’s Intervenor, the director of the branch office of Defendant Samsung Electronic B branch, and his employee E.

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