1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant entered into a contract between the Plaintiff and the Plaintiff for the freight forwarding of the Textiles Group owned by the Plaintiff at the port of Busan, Sri Lankan by sea through the call CD-ROM.

B. Under the above contract, the Defendant proceeded with the maritime transport process of the Textiles, including the selection of the shipping company (CMA-CGM). The primary cargo arrived at the call CD book on November 13, 2013, which was later than October 29, 2013, which was set as the scheduled date of arrival, and the secondary cargo arrived at the call CD book on December 6, 2013, which was later than December 4, 2013, which was set as the scheduled date of arrival.

(hereinafter referred to as the “instant cargo” in addition to the primary and secondary cargo.

Upon request of the plaintiff, the defendant issued a bill of lading on the instant cargo.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 2, Evidence No. 2-1 through No. 4, the purport of the whole pleadings]

2. Determination:

A. On the wind of the plaintiff's assertion that the defendant delays the carriage of the primary cargo, the plaintiff transported the same type of fibers in lieu of the primary cargo from the air transport fare of KRW 10,077,980, in order to observe the promise with the call CD-ROMr company. The defendant is liable to compensate for the damages equivalent to the above transport fare.

On the wind that the Defendant delays the transport of the instant cargo, the Plaintiff suffered intangible damage, such as concerns over and fall of confidence, with the call CD-ROMs company, and the Defendant is obliged to compensate for 20 million won as consolation money.

B. Whether the Defendant is liable (1) The Defendant issued a bill of lading with respect to the instant cargo at the Plaintiff’s request, and thus, the Defendant is liable for the instant cargo as a carrier (Article 116 of the Commercial Act). The Defendant, who is in the position of a sea carrier, did not neglect due care in the carriage of the instant cargo, is liable for the damages arising from the delayed arrival of the cargo unless it is proved that

(2) The Commercial Act, however, is amended.