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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s transactional Plaintiff are companies engaged in the freight forwarding business, and the Defendant, from around 200 to around 200, was engaged in the business of manufacturing and selling the goods, such as the ice Lease, and when the Defendant entrusted the Plaintiff with the carriage of the goods by the ship, the Plaintiff shall make an advance promise to the carrier and when the goods are loaded on the carrier’s ship, the carrier shall issue and deliver the Master’s Bill of Lading to the Plaintiff
B. On September 21, 2015, the Plaintiff and the Defendant ordered the Plaintiff to transport the first shipment (126.065 tons in gross weight; 30.032 tons in C company portion, and 96.03 tons in D company portion) in the U.S. on July 2015, 2015, the Defendant made a pre-contract to the carrier E company (E; hereinafter “E”) and the shipment was completed as F on September 21, 2015.
Accordingly, E issued and delivered a master B/L for the first cargo to the Plaintiff, and the Plaintiff issued each house B/L of the said cargo to the Defendant.
(B) On October 15, 2015, the Defendant paid the Plaintiff the fare of USD18,546.40 calculated by USD140/metric tons to the Plaintiff. On November 27, 2015, the first cargo arrived at the port of Subdivision, the loading and unloading was completed on November 30, 2015.
(2) On October 7, 2015, the Defendant ordered the Plaintiff to transport the second cargo (total weight 41.603 tons; C company portion 30.305 tons; D company portion 11.298 tons) to the Defendant during September 2015, and the Plaintiff made a pre-contract for the return to E and completed the shipment to G around October 7, 2015.
Accordingly, the plaintiff delivered the second cargo bill to the defendant.
(B) On November 16, 2015, the Defendant paid the Plaintiff the fare of USD 6,176.63 calculated by USD140/metric tons to the Plaintiff, and the second cargo was in the United States Subdivision Port on December 14, 2015.