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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 201, 2013, LAPPP Co., Ltd. (hereinafter “UPPPPP”) entered into a contract with Mactrine LAP (hereinafter “Mactrine LAP”) to export 89 Ptet, 55,526 km (hereinafter “instant cargo”).
B. On November 18, 2013, Lannb concluded a maritime cargo insurance contract between the Plaintiff and the insured (hereinafter “instant cargo insurance contract”) with a view to securing risks that may occur during maritime transport with respect to the export of the instant cargo. In order to ensure the risks arising during maritime transport, the Lannb entered into a maritime cargo insurance contract with the Plaintiff as the insured T&P and the insurable value 45,086.91.
C. Meanwhile, in order to transport the instant cargo, Lannb entered into a cargo transport contract with the Defendant to transport the instant cargo from the Busan Port to the Ireland (hereinafter “instant cargo transport contract”), and delivered three containers with the instant cargo to the Defendant. On November 19, 2013, the Defendant issued a bill of lading (hereinafter “instant bill of lading”) stating that the Defendant, on November 19, 2013, shall be the consignorless Lan&P, consignee croged Lan, Han Jan Africa (hereinafter “instant vessel”); the port of loading; the port of loading; the port of loading; the port of loading; the port of loading; the port of loading; the port of loading; the port of delivery; the port of delivery; and the port of delivery; and the port of delivery; etc., the bill of lading (hereinafter “instant bill of lading”).
However, on November 19, 2013, the instant vessel entered the port of Busan on and around January 19, 2014, the delivery place of the instant cargo, but was partially damaged among the instant cargo loaded by Lannb.
E. The local official in Ireland, who investigated the cause of damage to the cargo of this case, had a serious storm inside the sea near Ireland before the vessel of this case arrive at the Grand Port in Ireland.