Shanghai Sinotex Products Development Co., Ltd. v. Lianyungang Changxin International Logistics Co., Ltd. et al.
摘要
The Plaintiff (Sinotex) made a strategic cooperation agreement with non-party Xinlu Trade to import chrome ore, and engaged the First Defendant (Changxin) and Third Defendant (Jiangsu Donglian) under a warehouse logistics service contract. The Plaintiff sued the Defendants following the loss of its goods. The Plaintiff contended that the Defendants did not act in accordance with the terms and obligations of their agreement and should be held liable for compensation. The Defendants, particularly the First and Third Defendants, argued that the agreement was an informal agreement not subject to actual performance, as it was merely a risk control mechanism adopted by the Plaintiff. The Court held that the First Defendant along with its General Manager, the Fourth Defendant (Li Yu), were liable to compensate the Plaintiff for the loss of its goods, which were in the Defendants’ custody in accordance with the warehouse logistics service contract.