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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company whose main purpose is to manufacture and sell electronic equipment and electrical equipment, and the Defendant is a company whose main purpose is to load and unload a harbor.
B. On January 1, 2014, the Plaintiff entered into a contract with the Defendant for the supply of export and import services (hereinafter “instant service contract”) with the term of the contract from January 1, 2014 to December 31, 2018, which is five years (hereinafter “instant service contract”). Of the instant service contract and the attached Table 6 cases, the relevant contents of the instant case are as shown in the attached Table.
C. The Plaintiff entered into a sales contract (hereinafter “the instant sales contract”) with 43 LED TV 3,200 and 1,600 TVbet 1,60 (hereinafter “the instant cargo”) produced by the Plaintiff with A&A A&A’s Spanish C&A (hereinafter “A&A”) to sell USD 904,00 on the condition of “CIF premium content” (CIF). The Plaintiff entered into a sales contract with A&A’s L&D 3,200 and 1,60 TVbet 1,60 on the condition of “CIF premium content” (hereinafter “CIF”).
The instant cargo was loaded by dividing it into five containers from the Chinese Skyl ports, and on April 30, 2016, the instant cargo was loaded by the aforementioned container under the M.V.A. UNIPIPA on April 30, 2016.
E. Fully Litd Litd (Wan Hi Ltd., hereinafter “wholly”) issued a bill of lading (hereinafter “instant bill of lading”) in which the Plaintiff is the consignor of the instant cargo, and the “TO THE OE OEOF LEU LEUI USA” as the consignee (hereinafter “instant bill of lading”).
F. On the other hand, the instant cargo arrived at the Port of the Philippines on May 2, 2016, and was released from the Republic of Korea on June 10, 2016 to the 13th of the same month during the storage in the container camping.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8 (including each number; hereinafter the same shall apply) and all pleadings.