The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Case summary

A. The Plaintiff entered into a maritime cargo insurance contract (hereinafter “instant insurance contract”) with the ELE Co., Ltd. (hereinafter “ELE”) with respect to all products, the insured period of which was from April 1, 2015 to April 1, 2016, when an insured incident, such as the loss or damage, occurred with respect to all products, which are transported by the ELE upon entering into a transportation contract.

B. ELI entered into a contract for selling 2,50 smartphones (hereinafter “the export contract of this case”) with LIIE under the terms of Creriage and Inc. Pa, CIP, including freight and insurance premium.

C. (1) On January 1, 2015, ELE entered into an air freight transport contract (hereinafter “instant transport contract”) with the Defendant to transport the goods designated by the Defendant on consignment, and on April 17, 2015, entrusted the Defendant with the transport of 2,50 smartphones under the instant export contract (hereinafter “instant smartphone”).

The contents of Article 5 (Indemnification, etc.) of the Transport Contract of this case are as follows.

The defendant shall compensate for all damages, including damages caused by the theft, loss, damage, delay, etc. of cargo, which occur in connection with the performance of transportation business, such as the personal and material damage of the third party, etc.

The amount of damages shall be calculated by the reasonable method and notified in writing to the defendant, and the defendant shall pay the full amount to the ELD within 15 days from the date of notification.

(2) On April 18, 2015, the Defendant, while shipping the instant smartphone into Asia or aircraft, issued an air waybill with the consignor as LWW and consignee as an accelerator.

The provisions of the air waybills of this case are applied to the air waybills of this case.