beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company with the objective of general trade, such as steel, and the Defendant is a company with the purpose of warehouse, storage, etc. 2) A (hereinafter “A”) and B (hereinafter “B”) are companies with the purpose of steel export and import and wholesale retail business operated by C.
B. The Plaintiff and the Plaintiff related to the transaction with the Plaintiff, A, and B, have continued to maintain the continuous transaction relationship between the Plaintiff and the Plaintiff from around 2008 and the Plaintiff from around 2012.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The Plaintiff’s assertion that the Plaintiff imported 1,052.06 tons of steel materials and stored them in the warehouse for the operation of the Defendant. As such, the Defendant, despite the obligation of the Plaintiff to deliver them according to the direction of the Plaintiff, transferred them to B on September 30, 2015 without the Plaintiff’s instruction or consent, thereby committing joint tort with B and C (hereinafter “the instant steel materials”). Therefore, the Defendant is obliged to compensate the Plaintiff for damages equivalent to KRW 373,301,451 of the import price of the said steel materials.
3. With respect to whether the Defendant delivered the steel product of this case to B without the Plaintiff’s instruction or consent, it is not sufficient to recognize only the statement of No. 9, which seems consistent with the above, as to whether the Defendant delivered the steel product of this case to B, and there is no evidence to acknowledge
Rather, comprehensively taking account of the respective descriptions of evidence Nos. 1, 3, and 5 and the purport of the entire pleadings in witness evidence Nos. 1, 1, 3, and 5, ① if the Plaintiff imported steel materials and stored them in the warehouse for the Defendant’s operation, the Plaintiff obtained approval by facsimile to the Plaintiff, and then sent a written request for shipment by facsimile to the Defendant via the transport company. The Defendant ordinarily traded with the Plaintiff by delivering steel materials to B according to the written request for shipment. ② The Defendant sent the instant steel materials to B at the time of shipment.