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(영문) 서울서부지방법원 2016.01.15 2015나4157
운송료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 20, 2014, the Defendant requested the Plaintiff to transport the freight, such as computer, etc. (hereinafter “instant freight”) to a specific place in the U.S. sandboxco.

B. The Plaintiff, while carrying out transportation work, passed through the Incheon Customs Office on February 21, 2014. On February 21, 2014, the instant cargo arrived at the U.S. sandbox Airport on February 21, 2014 (which means the U.S. hours), but customs clearance was suspended due to lack of customs documents.

C. On February 25, 2014, the Plaintiff: (a) received customs clearance documents from the Defendant and cleared the instant cargo on February 25, 2014; and (b) attempted to transport the instant cargo to the place of destination in the U.S. on February 26, 2014; (c) the Defendant refused it and requested the return to Korea; and (d) the Plaintiff returned the instant cargo

The freight required to transport the freight of this case to the United States is KRW 748,040, and the freight required to transport it to the Republic of Korea is KRW 593,510.

On the other hand, the plaintiff's transport of cargo at the request of the defendant is more than 54,860 won.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is obligated to pay the plaintiff the transportation fee for the instant cargo and the other one cargo, except in extenuating circumstances.

B. The Defendant asserts that the freight of this case was consigned to the Plaintiff for the purpose of displaying it at the event site in the U.S., and that the Plaintiff did not complete the transport of the freight of this case by February 24, 2014, which is the scheduled date of arrival. Thus, the Defendant did not have a duty to pay the transport fee for the freight of this case

On the other hand, the fact that the cargo of this case failed to arrive by the scheduled date of arrival is due to the lack of customs documents and the fact that the customs clearance procedure was delayed due to the lack of customs documents is in the area of the defendant's responsibility, who is the client for transportation.

Therefore, the plaintiff is the defendant.

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