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1. The Defendant’s KRW 48,49,198 and KRW 23,034,838 among the Plaintiff’s KRW 23,038 as to the Plaintiff’s KRW 25,464,360 from June 24, 2016.
Reasons
1. Basic facts
A. A. Around March 2015, Dongyang Iron Co., Ltd. (hereinafter “Dongyang Iron Co., Ltd.”) entered into a contract with the U.S. S. S. M.S. M.C., located in the U.S. (hereinafter “Consignee”) to export the 1 shipment of the instant case to USD 419, total amount of 1,508.224 MT, and the 1 shipment tonnage (hereinafter “MT”); and around March 2015, a contract was concluded to export the freight insurance premium of USD 1,494,594, under the conditions (i.e., the CIF) included in the freight insurance premium of the U.S. T. Tech located in the U.S.
(2) Around that time, the Dongyang iron Co., Ltd entered into a cargo insurance contract with the content of US$1,637,394, the terms of insurance terms and conditions, etc. in order to secure risks during the transport of the Plaintiff and the instant 1 Cargo.
(3) Around that time, the Dongyang Steel Co., Ltd. entrusted the Defendant with the maritime transport of the instant freight No. 1 and paid the transport charges. Accordingly, on April 5, 2015, the Defendant: (a) loaded the instant freight No. 1 at the Ulsan port to the upper line Blue Green (M.V. WTINE); (b) arrived at the leave port on May 11, 2015; and (c) delivered it to the consignee during the period from the arrival of the leave port on May 13, 2015.
B. (1) Around April 2015, the Yang Iron entered into an export contract with the consignee with respect to the second cargo of the instant case for USD 1,598,920 on the condition (CIF) including freight premium premium in the U.S. MT (hereinafter “the instant second cargo”).
(2) Around that time, the Dongyang iron Co., Ltd concluded a cargo insurance contract with the content of the insurance amount of USD 1,758,812 and the terms and conditions of the insurance terms and conditions to guarantee risks during the transport of the second cargo of this case.
(3) Around that time, the Dongyang iron bars entrusted the Defendant with the marine transportation of the instant freight No. 2 and paid the transportation charge. Accordingly, the Defendant on April 30, 2015.