1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. Pursuant to Article 35 of the Trucking Transport Business Act, the Plaintiff entered into a mutual aid agreement for liability for cargo liability (hereinafter “instant mutual aid agreement”) with C Co., Ltd., a member of the trucking Transport Business Act (hereinafter referred to as “freight forwarding company”), setting the period of mutual aid from December 5, 2015 to December 24:00 to December 5, 2016.

B. The main contents of the terms and conditions of the instant mutual aid agreement are as follows.

Article 37 (Compensation for Loss) Any association shall be bound to compensate for any loss caused by an accident occurred during the course of transportation (i.e., transportation and incidental services of vehicles) from the time of being entrusted by the owner of the goods to the consignee with respect to the entrusted cargo which a member has entered into a transportation contract in his/her name or has been entrusted with a brokerage or agency during the deduction period in the Republic of Korea, in accordance with this standardized contract.

1. The association under Article 39 (Non-Compensation for Damages) of the Act on the Compensation of Damages paid by Members to the Victims within the value of entrusted cargo shall not compensate for the damages sustained by members by bearing the following liability:

12. Damage resulting from the completion of packing of the cargo, damage resulting from a collision between the entrusted cargo, contact, or collision between the entrusted cargo and the cargo space, regardless of the cause; Provided, That if the damage occurs due to a collision between the mortgaged cargo and the cargo space, he/she shall be compensated;

C. The freight forwarding company was entrusted with freight forwarding arrangements by D Co., Ltd. (hereinafter “owner”) and had the Defendant transport them.

Accordingly, the Defendant, from around 14:30 to 17:00 on August 6, 2016, loaded a vehicle E (hereinafter “Defendant vehicle”), carrying two parts of the number of arms onto which the printing circuit board (PCB) is used for the meter board.