1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a company with the purpose of mechanical facility business, electronic device manufacturing business, trade and export-import business related to the above business, and the defendant is a company with the purpose of overseas transportation of exported and import cargo.

원고는 2013. 10. 22. 중화민국에 있는 동관 샹보 일렉트로메커니컬 이큅먼트팩토리(Dongguan xiangbo electromechanical equipmentfactory, 이하 ‘중국 회사’라 한다)와 별지목록 기재 물건(이하 ‘이 사건 물건’이라 한다) 1조를 미화 5,000달러에 매수하기로 하는 매매계약을 체결하였다.

The main contents of the above contract are as follows:

1. Both sides agree that the price under Article 1 of the instant goods shall be US$ 5,00, and this price shall include all the value of the machinery and transport charges, and no additional charge shall be claimed until the said goods are transported.

2. The Plaintiff agrees to accept a copy of a bill of lading (hereinafter “bill of lading”) and pay the price.

원고는 해당 조항을 “구매자는 B/L을 인수하고 대금을 지급키로 합의한다.”라고 번역하였으나, 원 계약서에는 “Buyer agreed to pay when receiving copy of B/L.”이라고 기재되어 있으므로 이를 선하증권 사본으로 번역한다.

China Company on November 2, 2013 and the same month

3. The Plaintiff requested the Plaintiff to transfer USD 5,000 to A, the addressee’s name, and the recipient bank TAIPE FUBN COMABK, and the account number B.

The plaintiff in the same month.

7. It remitted USD 5,00 to the above account.

Accordingly, on the 11th of the same month, the Chinese company sent to the Plaintiff a note to the effect that “The bank will confirm the receipt of remittance receipt. Upon the bank confirmation, the bank will immediately forward the original shipping documents.”

On the other hand, on November 8, 2013, the Chinese company loaded the instant goods with the Defendant as the carrier, and the instant goods are the subject matter.