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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff provided transportation services equivalent to a total of 45,403,600 won to the Defendant from February 17, 2014 to May 2, 2014 is either a dispute between the parties, or that the Plaintiff is liable to pay damages for delay from June 2, 2016, 42,145,600 won (=45,403,600 - 3,258,000 won - 3,258,000 won - 3,258,000 won, which is the amount equivalent to the Defendant’s damage claim against the Plaintiff, as described in paragraph (2) below, based on the overall purport of the pleadings. Thus, the Defendant is liable to pay damages for delay from June 2, 2016 to the Plaintiff, as the Plaintiff seeks with respect to the balance of the transportation proceeds, 3,258,000 won, and a part of the Defendant’s claim against the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant: (a) requested the Plaintiff to transport the machinery for export of C Co., Ltd.; (b) an accident occurred in the course of transporting the machinery for export of the said machinery under the Plaintiff’s responsibility; (c) accordingly, the Defendant incurred damages of KRW 2,958,00 in total, KRW 3,258,000 in the cost of self-charges under the cargo liability mutual agreement entered into with DCo., and KRW 3,258,000 in the accident site management; and (d) the Defendant claimed that the damage claim amounting to KRW 3,258,00 in total, KRW 3,258,00 in accordance with Article 6 of the Cargo Transport Contract entered into with the Plaintiff against the Plaintiff, which offsets the Plaintiff’s damage claim against the Plaintiff’
B. In full view of the purport of the entire pleadings, the following facts are recognized in each of the statements in Eul evidence Nos. 1, 2, 4, and 6.
① Article 6 of the Cargo Transport Contract entered into between the Plaintiff and the Defendant refers to “in performing the duties delegated by the Defendant, the cargo shall be limited to safety management and timely services while the cargo is under the Plaintiff’s responsibility, and immediately after the accident occurs to the Defendant.