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(영문) 서울서부지방법원 2018.04.05 2017나34473
미수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. A. Around September 2013, the Defendant, a forwarding agent, was commissioned by the Fair Trade Co., Ltd. (hereinafter “Cheong Co., Ltd.”) to vicariously enter into a cargo transport contract to export the goods to India for the purpose of export of 20,187,880 won ($ 18,740) of the customs declaration price for the export of the goods at KRW 20,187,80 ($ 18,740).

(the recipient's Grandbels Pvt. Ltd. hereinafter referred to as "the recipient of the instant cargo"). (b)

On September 24, 2013, the Defendant: (a) requested the Plaintiff to transport the instant cargo; (b) on the same day, the Plaintiff issued a master bill of lading (BILOF LADING) stating the consignor (SIPPER) as the Defendant’s business partner and the consignee (CONSIGNE) as the Plaintiff’s business partner (hereinafter “Plaintiff’s delivery partner”); and (c) the Defendant issued, on October 19, 2013, a master bill of lading stating the consignee as the addressee of the instant cargo; and (d) the instant cargo arrived at the Indian New Ri, the destination of which was the destination of the instant cargo.

C. However, the import and customs clearance of the instant cargo was practically impossible due to the addressee’s refusal to accept the instant cargo and non- cooperation.

Therefore, although the defendant requested the return of the cargo to the plaintiff, the plaintiff was faced with the difficulties due to the problem of the importer's non- cooperation and procedural problems, and the defendant tried to clear the cargo by changing the recipient or importer to another company on the part of the defendant, but the maz was not carried out.

On June 26, 2015, when the Plaintiff stored the instant cargo in a warehouse (CFS) for customs clearance, the Plaintiff sent an invoice requesting the Plaintiff to USD 11,700 ($11,000 for storage storage charge, USD 700 for disposal of the instant cargo ($ 700 for warehouse storage charge).

E. On January 7, 2016, Cheongfriendly Trade submitted to the Plaintiff a letter of waiver of the instant cargo.

F. On February 12, 2016, the Plaintiff is the Defendant.

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