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1. The judgment of the first instance, including a claim that is modified and selectively added in the first instance court.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Plaintiff is a company that runs the combined freight forwarding business and air freight agency business, and Defendant Samsung Electronic Co., Ltd. (hereinafter “Defendant Samsung Electronic Co., Ltd”) is a company that manufactures electronic equipment, mobile phones, etc., and Defendant Samsung Electronic Co., Ltd. (hereinafter “Defendant Samsung Electronic Co., Ltd”) is a company that carries on the comprehensive business distribution agency business.
B. In around 1999, the Plaintiff and Defendant Samsung Telecommunication entered into a transport contract with Russia to transport the cargo exported to each region of the Plaintiff to aviation or to the sea (hereinafter “instant transport contract”) by an independent state organization (CIS; hereinafter “CIS”). The Plaintiff continued to perform cargo transport business from the date of the contract to May 2005 according to the transport contract of this case.
C. Upon entering into the instant transport contract, the Plaintiff and the Defendant Samsung Telecommunicationex paid the freight including customs clearance fees in the case of the cargo sent to A’s waterworks B (hereinafter “B-oriented cargo”), and the freight not including the remainder in the area. The freight rate for the shipment from 1 to 15th day of each month is to be paid on the 12th day of the following month, and the freight rate for the shipment from 16 to 31th day of each month, respectively. In the case of the instant cargo B-oriented cargo, the transport section was set up in B bonded warehouse at the place where the cargo was received.
The Plaintiff’s suspension of transportation from June 23, 2003 to May 23, 2005, upon the request of C, the Plaintiff, the head of the Defendant Samsung Electronic Branch (hereinafter “B branch”), the Plaintiff’s assistant intervenor, and its employee, who are the head of the Defendant Samsung Electronic Branch (hereinafter “B branch”), during the course of performing duties under the instant transport contract, uses the commercial invoice and the freight specifications prepared and revised.