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(영문) 서울중앙지방법원 2018.08.17 2018가단9867
운송료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the cause of the claim, the Defendant entered into a transportation contract with the shippers in China to transport goods departing from China to the destination in the U.S., and, on September 14, 2017, concluded with the Plaintiff on September 14, 2017, the main contents of the distribution agency contract (Evidence A No. 1; hereinafter “instant contract”). Accordingly, the Plaintiff arranged transportation of the goods departing from China to the destination in the U.S. upon delivery from the Defendant to the Incheon port, and the fact that the Defendant did not pay the Plaintiff KRW 94,963,160 per November to the Plaintiff is not a dispute between the parties, barring any special circumstance, the Defendant is obligated to pay the above transportation cost and delay damages to the Plaintiff.

2. As to the defense and the second defense

A. As to this, the Defendant asserts to the effect that the aforementioned transportation cost would not remain a transportation cost to be paid to the Plaintiff when deducting the amount of personal news under the instant contract from the said transportation cost.

According to the instant additional consultation clause C, “if the period required for cargo to arrive at each destination (LAX and JFK) after the arrival of Incheon Port exceeds nine days, 10% of the relevant fare value shall be reduced or exempted for every excess day from the tenth day after the arrival of Incheon Port” (hereinafter “ Panel T clause”). In the application of the foregoing Panel T provision to the Plaintiff’s 11-month transport portion, the Plaintiff is the Plaintiff that the amount of personal freight to be reduced or exempted from the transport cost exceeds the transport cost.

(In relation to the amount of personal service, the Plaintiff claimed that the amount of KRW 95,709,960 is KRW 105,669,260, and the Defendant claimed that the amount of money is KRW 105,66,260. Accordingly, the Defendant’s assertion is reasonable, and the Plaintiff’s assertion is without merit.

B. As to this, the Plaintiff’s aviation flight for the transport of cargo has been rapidly increased since October 2017 due to the rapid increase of air cargo in 20 years, and the shortage in the supply of Asian-U.S. air transportation is extremely serious.

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