1. The instant lawsuit shall be dismissed.

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

1. Both claims;

A. On July 9, 2008, the Plaintiff: (a) requested the Defendant to transport a container of 471 stuffs containing all kinds of cargo he/she requested to transport (hereinafter “instant cargo”) to China for customs clearance (hereinafter “instant transport contract”); and (b) paid transport charges to the Defendant.

However, the instant cargo was seized to the Chinese customs in the course of customs clearance.

Therefore, since the plaintiff is liable for damages exceeding KRW 200 million to the owner of the goods, the plaintiff should be paid damages of KRW 200,000,000, which is a part of the defendant who failed to perform his/her obligation under

B. The Plaintiff’s claim of this case was unlawful because the limitation period stipulated in Article 814(1) of the Commercial Act regarding the carrier’s obligation to the consignor was imposed, and as long as the Defendant transported the freight of this case, the Defendant fulfilled all obligations under the contract of this case. The five-year extinctive prescription was completed.

2. Article 814(1) of the Commercial Act provides that "Any claim and obligation of a carrier against a charterer, consignor, or consignee against the consignee shall be extinguished without a judicial claim within one year from the date when the carrier delivers or delivers the cargo to the consignee, regardless of the cause of the claim." Thus, the obligation of a carrier due to default shall be extinguished if no judicial claim is made within one year from the date when the carrier delivers or delivers the cargo to the consignee, and the "date when the carrier delivers the cargo" refers to the date when the contract of carriage was performed in accordance with the terms and conditions of the contract. The fact that the contract of carriage was concluded around July 9, 2008 is not disputed between the parties, and the whole purport of the arguments submitted by the Plaintiff, taking into account the whole purport of the evidence submitted by the Plaintiff, it can be recognized that the delivery of the cargo of this case should be made at the latest until July 2008.