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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On November 2014, 2014, the Plaintiff entered into a marine transportation contract with China’s C Co., Ltd. (C Co., Ltd. (hereinafter “C”) on a total of 505 tons of the freezings imported from C (hereinafter “D”) from the Chinese term Dao Port to Busan (hereinafter “instant cargo”), and the Defendant issued a letter of credit for the payment of the instant cargo to D.
B. From December 4, 2014 to December 14, 2014, the Plaintiff completed the maritime transport of the instant cargo and notified the Defendant, the consignee of the bill of lading regarding the said cargo of arrival. However, the Defendant neglected to accept the instant cargo without delay under Article 802 of the Commercial Act and received the instant cargo from June 2015 to June 7, 2015.
C. As can be seen, the Plaintiff suffered damages from the Defendant’s delay in receiving the instant cargo: ① USD 577,255 of the container usage fee; ② USD 324,935 of the electricity fee; ③ USD 6,255.67 of the container repair cost; and ③ USD 908,445.67 of the container repair cost; thus, the Defendant is obligated to pay the Plaintiff the said damages to the Plaintiff at KRW 1,075,872,206 of the Korean won converted at the exchange rate ($ 1184.30/$) on August 28, 2015.
2. Comprehensively taking account of the overall purport of the arguments in the statements in Eul evidence Nos. 1 through 6, the defendant issued a credit with regard to D as a consignee on the bill of lading with respect to the instant cargo; according to D’s bankruptcy status at the time the marine transportation of the instant cargo was completed; the defendant, as the issuing bank of the credit, paid the credit amount of KRW 370,932,00,000 including the total amount of KRW 147,932,00 on December 31, 2014, including KRW 147,932,00 on December 31, 2014; and the defendant, as a mortgagee after the payment of the above credit amount, as a collateral holder for the instant cargo.