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(영문) 부산지방법원 동부지원 2017.01.11 2016가단5322
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 178,959,513 to the Plaintiff (Counterclaim Defendant) and its related amount from April 21, 2016 to January 11, 2017.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On November 1, 2014, the Plaintiff and the Defendant concluded an international cargo transport contract under which the Defendant would transport the Plaintiff’s products of international home delivery (hereinafter “instant transport contract”).

B. In accordance with the instant transport contract, the Plaintiff requested the Defendant to transport the motor vehicle parts equivalent to the 843,331 Franchisium on June 19, 2015, and the motor vehicle parts equivalent to the 215,100 Franchisium No. 215,100 (hereinafter “instant goods”) around October 15, 2015. The motor vehicle parts that the Plaintiff requested to transport are not transported to the destination designated by the Plaintiff, and the Defendant did not keep the said goods.

C. The provisions pertaining to compensation in the instant transport contract are as follows.

Article 4(2)(2) In the event of damage or loss of the cargo, the carrier shall not entrust the carriage of the cargo to the State of destination, with respect to customs regulations, restrictions or prohibited items prescribed in the Customs Act and other relevant Acts and subordinate statutes of the State of destination, or the terms and conditions of air transport.

Article 8 (Act of God) Neither Party shall be liable to the other Party for any default or delay in the performance of the terms and conditions of a contract due to war, revolution, riot, strike or other labor dispute, natural disaster, natural disaster, government action, war or military threat, trade suspension, or any other cause not controlled by the other Party.

The Plaintiff requested the Defendant to transport cargo on November 2015 and December 2015, but did not pay the agreed aggregate of KRW 15,578,500.

E. As of December 14, 2015, which was the date of the closing of the instant argument, the standard ratio of sale of rmb Bronan (mb) to 169.08 won.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (the defendant alleged that the alteration was made, but there is no evidence to acknowledge it), and evidence No. 2 through 4.

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