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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance (from No. 2, No. 4 to No. 18). Thus, this part is cited in accordance with the main sentence of Article 420
2. Determination
A. 1) Article 135 of the Commercial Act provides that “A carrier, a forwarding agent, an employee, or any other person employed for the carriage has not been negligent in giving due attention to the receipt, delivery, custody, and transportation of the cargo, shall be liable for damages arising from the loss of, damage to, or delay in arrival of the cargo unless he/she proves that he/she, the forwarding agent, or any other person employed for the carriage has not been negligent in giving due attention to the receipt, delivery, custody, and transportation of the cargo.”
(A) (In addition, the plaintiff is selectively seeking liability for damages based on a breach of the duty of good manager of a delegation contract under the Civil Act and liability for damages based on a tort. However, as seen later, as long as the defendant's liability is exempted as seen earlier, the plaintiff's claim causes for selective action shall not be examined.
The defendant's defense 1) The main point of defense of this case is that the cell phone amount of this case was discarded by the State, i.e., the act of the public institution, and thus cannot be held liable to the defendant who is the carrier. 2) With respect to the carriage of goods by air navigation, Article 913 (1) 4 of the Commercial Act provides that the carrier shall be held liable only when the damage was incurred while the carriage by air.
Provided, That the loss of or damage to the cargo by the carrier shall be the public institutions related to entry into and departure from Korea, quarantine or customs clearance of the cargo.