Confirmation of Whether the Behavior of Paying Off by the Third Party Caused by Distrian of Bill by Freight Forwarder Constitutes Coercion or Improper Acquirement of Profits without Lawful Basis

The behavior of “distrain of bill” lawfully conducted by freight forwarding company is a relief means to fight against the breach of counterparty to a freight forwarding contract, which can prevent from illegality. The behavior of “distrain of bill” is not conducted against the party beyond the freight forwarding contract relationship, even if the commercial interests of the party is affected objectively, but the behavior does not constitute “coercion” to the party because it has no intention or illegality.

When a third party pays off a debt that he knows that it is not his own, he pays off the debt of others to the creditor by himself, which is the “debt payment by the third party” of improper acquirement of profits without lawful basis of three parties. When the debt is legal and effective, though the creditor acquires the payment, the creditor’s rights is not terminated, the creditor does not acquire extra profits, so the creditor does not acquire profits improperly without lawful basis.