The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The first instance court determined that the Defendant was in the position of a contracting carrier who has taken over the freight of this case in relation to Hyundai Libers according to the “multimodal transport contract” based on the content of “multimodal transport contract” prepared by the Defendant and Hyundai Libers Co., Ltd. (hereinafter “Mogles”).

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the criteria for determining whether a forwarding agent accepts carriage, as otherwise alleged in the grounds of appeal.

2. The second ground for appeal

A. (1) Article 814(1) of the Commercial Act provides that “The claims and obligations of a carrier against a consignor or consignee shall be terminated, whatever the causes for the claims may be, if no judicial claim is made within one year from the date on which the carrier delivers or delivers the cargo to the consignee, regardless of the date on which the carrier delivers or delivers the cargo to the consignee,” and the proviso provides that “However, this period may be extended by agreement between the parties,” thereby recognizing the extension of the above period by agreement between the parties.

Article 814(2) of the Commercial Act provides, “In cases where a carrier has re-entrusted a third party with the carriage he/she received, if a consignor or consignee has agreed on compensation with a carrier or has made a judicial claim against a carrier within the period of time provided in paragraph (1), the carrier’s claim and obligation against a third party shall not be extinguished, notwithstanding paragraph (1), before three months have passed from the date of such agreement or claim. This provision provides, “The same shall also apply to cases where there is an agreement between a carrier and a third party to the same effect as the proviso to paragraph (1).” This provision provides, which provides, “

(2) The former part of Article 814(2) of the Commercial Act.