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(영문) 인천지방법원 2014.07.02 2013가단74119
원상회복 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that: (a) around April 2013, the Defendant entered into an international transport contract with the Defendant to transport the 26 boxes of this article, including the Plaintiff’s computer, home appliances, clothes, and golf clubs, from Incheon to the Canadian Republic of Canada (hereinafter “instant contract”); and (b) remitted KRW 1,450,000,000,000 for the agreed transport cost to the Defendant.

On May 2013, the defendant requested additional costs of KRW 1.5 million according to customs clearance not included in the contract of carriage after leaving the plaintiff's movement to the storage of goods in Canada.

Accordingly, the plaintiff expressed his intention to pay customs clearance costs in advance upon the completion of transportation by paying customs clearance costs on behalf of the defendant.

However, the defendant refused the plaintiff's proposal and did not complete the transport until now, although the plaintiff did not pay additional costs.

At the time of entering into the instant contract, the Defendant did not inform the Plaintiff of the customs clearance cost, and thereafter, paid the customs clearance cost at its own expense and completed the transportation, or did not complete the transportation even after completing the transportation.

Therefore, the Plaintiff cancels the instant contract by serving a duplicate of the instant complaint on the grounds of the Defendant’s nonperformance of obligation as above.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,450,000 and KRW 6,455,000,000,000,000,000,000 for the Defendant’s nonperformance of obligation (= KRW 1,455,00,00) and return the Plaintiff’s interest.

2. In full view of the evidence presented by the Plaintiff, it is insufficient to recognize that the original Defendant agreed to the total transportation cost including customs clearance costs through the instant contract as KRW 1.45,00,000, and there is no other evidence to acknowledge it

(The overall assertion by the Plaintiff seems to be not purporting that the total cost of transportation, including customs clearance costs, is KRW 1,450,000). Furthermore, as alleged by the Plaintiff, the Defendant.

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