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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From March 2013 to November 2014, the Plaintiff had the Defendant transport goods, such as clothing and Kameras, from March 2013 to November 2014, from the Plaintiff’s office, to the importer’s office located in China, for aviation and land.
B. Around November 3, 2014, part of the goods the Plaintiff requested the Defendant to transport (hereinafter “instant goods”) was lost, damaged, or delayed the transport thereof.
C. On December 5, 2014, the Plaintiff paid KRW 25,000,00 to the Defendant as customs clearance fees for the instant goods, and the Defendant, on the 26th of the same month, transferred KRW 15,924,373 to the Universal Plastics, Inc., Ltd., the Defendant delegated the air transport and the customs affairs of China to China (hereinafter “Plastics”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1, 2, and 6 (including virtual numbers), the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff's assertion ① payment of KRW 26,727,960 to the defendant's freight, but since the cargo was lost due to reasons not attributable to the plaintiff while the defendant's transportation, the defendant is obligated to refund the above freight paid to the plaintiff.
② Since the Defendant received 25,00,000 won from the Plaintiff as customs clearance fees for the instant goods, it is obligated to return it to the Plaintiff, as it acquired without any legal cause.
③ Of the instant goods, KRW 15,790,013 is obligated to pay the sum of KRW 14,953,925, the damaged value of KRW 1,272,60, and the amount of damages for delay 836,08, which is the sum of KRW 15,790,013.
B. As to the claim for refund of KRW 26,727,960, the Plaintiff sought the return of KRW 26,727,960, which was paid at the fare, since the Plaintiff’s cargo was lost due to a cause not attributable to the Plaintiff. However, there is obvious assertion as to whether the Plaintiff paid KRW 26,727,960 with the fare for certain goods.