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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the Plaintiff’s assertion
A. The plaintiff is a company aimed at combined freight forwarding business, and the defendant is a company operating construction materials manufacturing business.
B. Upon receiving a request from Nonparty A Co., Ltd. (hereinafter “A”), the Defendant’s customs clearance agent for the maritime transportation of goods purchased from foreign countries, the Plaintiff performed the duties requested from December 12, 2012 to January 29, 2013.
C. The Plaintiff requested the Defendant, the actual requester of the foregoing work, to pay KRW 30,342,149 (hereinafter “instant commission”), but the Defendant refused to pay the commission.
Therefore, the Defendant is obliged to pay the instant fee and damages for delay to the Plaintiff.
2. The evidence presented in this case is only recognized to the extent that the plaintiff was issued to the defendant, not the direct requester A, for the convenience of the settlement of price, and further, it is insufficient to recognize the contractual relationship between the plaintiff and the defendant that the plaintiff may directly claim the fee of this case, and there is no other evidence to acknowledge it.
Rather, comprehensively taking account of the respective descriptions in B 1 through 23 (including the number of pages) and the overall purport of the pleading in the witness B’s testimony, only the following circumstances are recognized.
① From January 2013 to December 2012, the Defendant: (a) requested the D office operated by Nonparty C to the F office operated by Nonparty E; and (b) paid the F office directly to the F office operated by Nonparty E; and (c) paid the agency fees directly to the said D office; and (b) Nonparty B (A) who actually performed the relevant duties, upon being affiliated with each of the said licensed customs brokers’ offices, was entrusted with various businesses including the Plaintiff, who actually performed the relevant duties from the Defendant.