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1. The Defendant shall pay to the Plaintiff KRW 185,293,847 and the interest rate of KRW 15% per annum from February 15, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates a comprehensive logistics business, marine transportation business, multimodal transport mediation business, etc., and the Defendant is a company that engages in export and import business, etc.
B. From March 4, 2016 to April 2016, the Defendant concluded a contract with a limited liability company C, a Vietnam, to delegate the customs clearance of pine saws to the Plaintiff when purchasing fire saws.
(hereinafter “instant agency contract”).
C. C Co., Ltd. (hereinafter “E”) entrusted the transportation of pine saw saw Cargo (hereinafter “instant cargo”) to D Co., Ltd. (hereinafter “E”) via D Co., Ltd., a freight forwarder in Vietnam.
E received the instant cargo from October 2016 to March 2017 between them, and then the consignee issued nine copies of the instant cargo bill of lading in which the Plaintiff entered as follows. Upon entering the Incheon Port, the consignee loaded the container containing the instant cargo in the ship and loaded it on the container gate operated by the FF corporation, which is the designated place.
B/L
M. B/L Quantities (number of container containers) G H 2016-10-22 12 12 IJ 2016-10-29 8 K L 2016-11-06 M 8 M 2016-11-11--115 O P 2016-16-12-16 5 S T 2016-12-16 5 M 2016-12-16 5 UV 2016-12-23 5 UV 2017-02410 WX 2017-03-03-474 total of 74
D. The Defendant did not receive the instant cargo, and around September 2017, the Plaintiff moved the instant cargo from the container gate to the warehouse managed by the Plaintiff.
E. On May 17, 2017, E filed a lawsuit against the Plaintiff claiming KRW 494,630,000, such as chemical rent (Seoul Central District Court 2017Gahap22877). During the said lawsuit, the Plaintiff agreed to pay KRW 132,00,000, totaling KRW 24,000,000, and KRW 156,000,000, and the said lawsuit was terminated on December 27, 2017.
As between December 26, 2017 and February 28, 2018, the Plaintiff paid 156,000,000 won in total to E.
[Ground of Recognition] Unsatisfy, Gap, Gap, 1, 3, 4, 5, 5.