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(영문) 수원지방법원 안산지원 2018.01.11 2015가합24376
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing, selling, etc., of internal medicine and chemical medicine.

Defendant B is a person operating “D (hereinafter referred to as “D”) in Mongolia, which carries on export business, such as waste distribution, etc., and Defendant C is a partner of Defendant B and a person who has overall control over the domestic business.

B. The Plaintiff intended to import waste distribution in Mongolia into Korea through D.

C. On October 1, 2014, the Plaintiff entered into a contract for importation of 260MT in terms of CIF (the “CIF”) and 30 U.S. dollars per 1 MT (the “price under which the seller bears the freight and insurance premium for the time when the cargo is delivered to the destination”) on the terms of luminous port and 900 U.S. dollars per 1M.

At the time, D entered into a contract of carriage with E (hereinafter referred to as "E") and intended to transport the waste ship from Mongolia to the optical port via China, and it became impossible to pass through China due to the occurrence of a problem with the Chinese government.

Accordingly, the plaintiff and D agreed to transport Russia to Busan port via Russia, and entered into a contract on December 1, 2014 on importing MT 2,500 U.S. dollars 90 per MT under the terms of CIF Busan port on December 1, 201.

E. After that, around February 2015, D changed a transportation company to F Co., Ltd. (hereinafter “F”), and through F, D decided to transport goods to Busan Port through the port of port of Russia (VOSOCHNY, RUSSA).

F. According to the above import contract, the Plaintiff ordered D to sell 20 feet containers of 54 volume in order to D.

G. On March 2015, around 2015, 8 containers arrived at the port of Busan and entered the Plaintiff’s military plant.

(h) However, it is discovered, however, that it has been transported without permission from the Russian Environmental Authority in a quantity of 10 containers of Russia, which have been permitted to export from the customs office of Mongolia, and have come into Mongolia around May 2015.

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