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(영문) 서울동부지방법원 2015.02.13 2014나781
운송료
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in combined freight forwarding business, warehouse business, etc., and B (hereinafter “B”) is a company engaged in food fees and miscellaneous trade business.

B. The defendant is a juristic person established on February 15, 1959 under the C Military Association Act for the purpose of promoting friendship among veterans through mutual aid and improving the rights and interests of its members, which is prescribed in the above Act to operate profit-making business and incidental business in order to achieve its purpose.

(2) Article 4-2 of the same Act. Accordingly, the defendant is carrying out the manufacturing business, service business, etc. as profit-making business and incidental business. For this purpose, the defendant has a "manufacturing Business Headquarters", "Service Headquarters", etc. as the direct business headquarters, and among them, the use business headquarters consists of eight business teams, such as the Distribution Business Bureau and the Disaster Prevention Project Center.

C. Around May 18, 201, the Plaintiff: (a) requested transportation of land and sea for export of 500 mlive container (40 mt) 18 mnives (hereinafter “the instant raw water”) located in a factory called “D”; (b) from May 18, 201, to May 26, 201 to May 28, 201, the Plaintiff was engaged in transportation of the instant raw water to the hives of a gold-line corporation (hereinafter “hives”) located in the manufacturing plant of the instant fish hold to the hives of the container (hereinafter “H”); (c) requested storage of the instant raw water at the manufacturing plant of the hives; (d) thereafter, the Plaintiff continued to keep it on the hives without any shipment since its export was suspended.

B B sold the instant raw water to K Co., Ltd. (hereinafter “K”) prior to the Plaintiff’s request for the above carriage, and as a result of the suspension of export due to failure to receive the price, it requested the Plaintiff to release the instant raw water to the Plaintiff in order to find another market. At the time, it was subject to pressure from the gold line because it was unable to meet a large amount of storage charge liability.

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