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(영문) 서울중앙지방법원 2015.12.17 2015가합545482
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a financial institution that operates banking and foreign exchange business, and the Defendant is a corporation that is engaged in maritime and air transport arrangement business and maritime and air cargo delivery agency business, which is a non-party mobile carrier (Top Logists, Inc.) in the Republic of Korea.

B. The Plaintiff concluded a foreign exchange transaction agreement and payment guarantee agreement between Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) and Nonparty B (B “B”), a U.S. legal entity, with respect to the issuance of the credit necessary for the scrap metal import contract, respectively, and the payment guarantee agreement between USD 1,00,000 and May 15, 2015.

Since then, the plaintiff and the non-party company entered into an additional agreement to issue an import letter of credit which increases the above amount of payment guarantee to US$ 5 million.

C. In order to secure the Plaintiff’s claim for reimbursement against the non-party company, the Plaintiff entered into a transfer security agreement with respect to the scrap metal that the non-party company imports from B (hereinafter “the scrap metal of this case”) within the scope of USD 6 million in order to secure the Plaintiff’s claim for reimbursement against the non-party company arising from the said payment guarantee transaction agreement and the additional transaction agreement for the issuance

With respect to the scrap metal of this case, a plastic agent, which entered into a transportation brokerage contract with B, entered into a transportation contract with Nonparty C.

E. C In the case of a master bill of lading on December 5, 2014, after receiving the freight including the instant scrap metal on December 5, 2014 and on December 8, 2014, it is common for a forwarding agent, the issuer of the hybrid bill, to become a consignor of a master bill of lading, as mentioned later.

Nevertheless, the circumstance in which the consignor of the instant posters B/L was written in color chrophing X-ray is unclear, but in light of the trade name, color chroph X-ray appears to be the seller selling the instant scrap metal to B;

Consigneese and Notice Agency Notify.

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