1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a legal entity that manufactures and sells amnestys, etc., and the Defendant is a legal entity that operates a cargo transport agency and related service business.

B. On May 28, 2018, the Plaintiff entered into a sales contract with C company located in Switzerland (hereinafter “instant import company”) on the 40 fee-to-six container volume (hereinafter “instant cargo”) with USD 397,420.74 as the sales price.

C. On August 3, 2018, the Plaintiff sent each of the instant 6 primary container volume by dividing the instant 6 primary container volume into 4 primary and 2 secondary quantities. On August 24, 2018, 4 primary container volume (hereinafter “instant primary cargo”) arrived at the port of Turkey, the destination of which is Turkey, and the remainder of 2 primary cargo volume (hereinafter “instant secondary cargo”) arrived at the said AMFLI on August 24, 2018.

The Plaintiff requested the Plaintiff to pay any balance before delivery, but the said importing company did not pay any balance, and thereafter the said importing company deposited only the balance of the instant primary cargo on November 5, 2018.

Accordingly, the Plaintiff requested to the Defendant only for the primary cargo of this case, and the Defendant, upon receipt of the said request, removed four primary cargo quantities.

E. Since then, the Plaintiff requested the instant importer to pay the balance of the instant secondary cargo, and the Plaintiff did not pay the balance to the Plaintiff by January 7, 2019, the Plaintiff requested the Defendant to return the two large volume of cargo on the same day.

Accordingly, the defendant notified the plaintiff of the fact that the second cargo of this case was taken out.

F. Meanwhile, the importer of the instant case is D (hereinafter “D”) located in Turkey, where the instant cargo imported from the Plaintiff is located.

D concluded a contract to sell the instant cargo to the importer, and D paid all the purchase price for the instant cargo to the importer, and thereafter on October 2018.