1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasons for the court's explanation concerning this case are as follows: (a) the court of first instance, as stated in Section 5, Section 17 of the judgment of the court of first instance, shall read "liability for default" as "liability for default"; and (b) prior to the existence of liability for default" in Section 9, Section 12 of the judgment of the court of first instance as "in the premise of the existence of liability for default"; and (c) the plaintiff's assertion added in the trial of first instance as stated in Section 2 of the judgment of the court of first instance, except for adding the judgment as to the plaintiff's assertion

2. Determination on the additional argument

A. Of the Plaintiff’s assertion of the exemption clause, Article 39 subparag. 11 of the General Terms and Conditions provides that “damage resulting from the completion of the package of the cargo” (hereinafter “instant General Terms and Conditions”). Article 3 subparag. 3 of the Special Terms and Conditions for Safe Transport (hereinafter “instant Special Terms and Conditions”) of the instant exemption clause provides that “damage resulting from a substantial mistake in the method of packing or loading the cargo” due to the non-compensation damages (hereinafter “the instant Special Terms and Conditions”). Since the instant Special Terms and Conditions are invalid or invalid for the following reasons, the damage resulting from the instant accident shall be deemed as secured by the liability mutual aid agreement.

① Although the instant special terms and conditions were concluded to expand the scope of coverage, they reduced the scope of coverage of the instant liability mutual-aid agreement by adding the “damage caused by a significant mistake in the method of loading and lodging” which is not specified as the grounds for exemption under the instant general terms and conditions to the extent of exemption. This is invalid as a terms and conditions unfairly unfavorable to customers.

② Even if the instant special terms and conditions, which reduced the scope of coverage, are valid, the Defendant has reduced the scope of coverage due to the instant special terms and conditions at the time of concluding the liability mutual-aid agreement.