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(영문) 부산지방법원 2015.09.08 2015가단202342
유체동산인도
Text

1. The defendant shall receive KRW 7,133,323 from the plaintiff, and at the same time, shall be the movable property indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. A. Around November 8, 2014, the Korea Coast Guard, an exporter agent of the Posi Station, who manufactured the movable property indicated in the separate sheet (hereinafter “instant container”), loaded the instant container on the container, around the day of November 8, 2014.

B. On November 12, 2014, A, an employee of the Defendant, sent an e-mail to the Plaintiff’s employee that “if sent the customs clearance document, he will proceed with the customs procedure after entering the port.” The Plaintiff’s employee sent A the invoice (INVICE) and the packing statement (PACKING LT) to A on the same day.

The employee of the Plaintiff sent the invoice, packing statement, and bill of lading (B/L, YCSH 1410529) to e-mail at the Korea Customs Brokers Office on the same day.

C. On November 14, 2014, the ship which loaded the instant container arrived at Busan Port. Since then, the Defendant occupied the instant container.

A around November 14, 2014, sent e-mail to the Plaintiff’s employees, stating that “The Plaintiff submitted two originals of a bill of lading (securities No. YCS 1401505, YJS 1401503) to the seven goods of a container elected without receipt of the original copy of an existing bill of lading (hereinafter referred to as “unclaimed container”).”

E. On November 17, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “the customs clearance for the instant container is not underway, and a request is made by November 18, 2014,” and the Defendant sent to the Plaintiff a content-certified mail stating that “if the original B/L for the instant container is not submitted, the instant container shall not be shipped out” on November 19, 2014.

[Reasons for Recognition] 7, 8, 15, 16, Eul evidence 1, 7, and 8 (including additional numbers), Eul witness Eul's witness Eul's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant shall deliver the instant container to the Plaintiff, except in extenuating circumstances.

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