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(영문) 인천지방법원 2017.04.11 2016가합2259
동산인도등
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 relationship 1) The Plaintiff is a company established mainly for the export and import of luminous stone and stone, and the Defendant is running trade business with the trade name “D” in Pyeongtaek-si C. (2) The Plaintiff received a request from the Chinese-China E to receive the cryp stone in August 2013.

Plaintiff

F and E, the father of the representative director, visited Taecheon-si, in order to purchase the pentum stone, visited the Daeil Mining Co., Ltd., located in Geumcheon-ro 288, Geumcheon-do, and E paid the price for the pentum stone 12,684kg (hereinafter “the instant mar”).

3) Around August 27, 2013, the Plaintiff asked the Defendant to transport the instant tin by the time it reaches the south of China. B. On August 28, 2013, the Defendant, as if the instant tin were plastic products, provided a bill of lading, a packing statement, and a commercial invoice, and requested the Defendant to transport the instant tin to the transporter, “G”, as if the tin were plastic products.

2) While transporting the instant light on September 12, 2013, G was subject to the control of the Republic of China Warman Customs Clearance on September 12, 2013, and the instant light was seized on September 13, 2013. (c) On October 29, 2013, the Defendant prepared a certificate of storage of goods (hereinafter “certificate of storage”) stating that “The Plaintiff is in custody of the instant light, taken over and taken over on August 27, 2013 as a condition of the local arrival in China, and kept it in D, by November 20, 2013, to ensure that it will arrive in the instant light until the south of China.”

2. On January 22, 2014, the Defendant promised on October 29, 2013 that the Defendant shall return the goods to E and the Plaintiff by no later than February 15, 2014. If the Defendant is unable to return the goods by the said date, the Defendant promises to compensate for the same legal measures or goods as the present date.

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