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(영문) 서울서부지방법원 2020.08.21 2019나41208
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment, is that the court, while rendering the following additional or supplementary judgments as to the part of the appeal that the defendant contests as the grounds for appeal, carries out the business as follows, and the plaintiff shall pay the defendant B in return for that part. This part of the judgment of the court of first instance is the same as the statement of the reasons for the part concerning the defendant in the judgment of the court of first instance except for that of ";" and therefore, this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional or supplementary judgment

A. The summary of the defendant's grounds for appeal (1) is that the defendant is a forwarding agent who sets and receives freight forwarding fees, and only received 30,000 won per case for the reservation of freight forwarding and the handling of documents for D such as Co-Defendant C Co-Defendant C Co-Defendant C (hereinafter "C") of the first instance trial. The amount paid by the plaintiff is limited to marketing incentives for attracting freight, and the amount paid by the plaintiff is not only for marketing incentives for attracting freight, but it is not in charge of handling the plaintiff's business instead of the plaintiff's business, such as receiving remuneration in return for the performance of special duties such as confirmation of freight, and it is not in essence the defendant's business to confirm actual cargo, and it is not the defendant's business but directly delivered from the owner of goods to the plaintiff and thus it is impossible for the defendant to do so. Thus, the defendant is not liable to compensate the plaintiff for the damages of this case.

(2) The costs of storage and disposal as damages claimed by the Plaintiff are interest on storage charges incurred prior to the discovery of smuggling, and the costs incurred from the discontinuance of the scrapping, as the consignee did not recover the cargo, and there is negligence on the part of the Defendant.

Even if there is no causal relationship between the damage and the damage.

(3) Even if the Defendant’s liability for damages is recognized,

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