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(영문) 서울동부지방법원 2018.09.11 2018가단113684
사용료
Text

The defendant shall pay 39,171,880 won to the plaintiff and 15% per annum from March 31, 2018 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

(a) The following facts are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence 1 to 9, and Eul evidence 1:

(1) The Plaintiff and the Defendant are companies primarily engaged in shipping, multimodal transport arrangement, etc.

(2) A (hereinafter referred to as “A”) entered into an import and export contract with GRACE REE REEX REE PET LTD (hereinafter referred to as “hinkex”) on the instant cargo (hereinafter referred to as “instant cargo”).

(3) The GEINES PETD (hereinafter “BE”) which is requested to transport from the dexex, again requested the Plaintiff to transport, and issued a hybrid bill of lading in which the consignor and A are indicated as the consignee, while requesting the Plaintiff to transport it again.

(4) On August 30, 2017, the Plaintiff issued, as consignee, a master bill of lading (restatement) stating the Defendant, who was a consignor and a partner of business, as the consignee, and transported the instant cargo to Busan Port from Singapore by loading it to four 20 feet containers.

(5) The Plaintiff sent a notice of arrival to the Defendant stating the details of the instant cargo, the vessel, the date of entry into and departure from the port of container, etc.

(6) Upon receipt of the notice of arrival, the Defendant requested the Plaintiff to issue a cargo delivery order for the instant cargo, and the Plaintiff received a request for the settlement of various costs and issued a cargo delivery order after issuing a tax invoice on September 6, 2017.

(7) On September 8, 2017, the instant cargo arrived at the Busan Port, and the Plaintiff requested the Defendant to accept the instant cargo several times, but the Defendant did not comply with the request on the ground that A refuses to accept the instant cargo.

B. According to the fact of recognition as above, the defendant, the consignee of the freight of this case, is the cargo under Article 802 of the Commercial Act.

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