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(영문) 서울중앙지방법원 2016.09.07 2016나10871
부당이득금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 13, 201, the Plaintiff purchased USD 910 square meters of a roof panel for transformation stations and a roof panel for water tanks (hereinafter “instant materials”) at USD 105,000 in the amount of USD 105,000 (including CIF, Inc. and freight insurance premium). On November 15, 201, the date of shipment, the date of arrival entered into a sales contract for construction materials (hereinafter “instant sales contract”) with Busan as its agent, a company whose head office is located in the U.S. Macco Building (hereinafter “Meco”).

B. On November 18, 201, the Plaintiff requested the Defendant to have the instant materials arrive at the construction site by December 15, 201, and the Defendant notified the Defendant that additional transportation charges for USD 4,480 per truck would occur, as it requires land transportation. The Plaintiff consented to the burden of land transportation charges.

C. Although the instant material was scheduled to load on the ship entering into a port of harassment, it was not possible to use the said part due to the circumstances of mercos. Accordingly, it was allowed to use the part entering the port of Olland, thereby resulting in additional truck transportation charges to the port of Olland.

On December 15, 2011, the Defendant sent to the Plaintiff a written claim for USD 18,240 ($ 6,080 per truck, hereinafter “the instant additional transport charges”) including the truck transport charges to the Port of Olland, and requested the Plaintiff to not deliver the instant materials before receiving the instant additional transport charges from the Plaintiff.

E. On January 4, 2012, the Plaintiff paid the instant additional transport charges to the Korea Telecommunication, and received the instant materials.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 6,

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