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1. The part against the plaintiff (Counterclaim defendant) among the counterclaim of the judgment of the court of first instance shall be revoked, and that part shall be applicable.
Reasons
1. Status of the parties concerned and the scope of adjudication for the party concerned;
A. The Plaintiff is a corporation whose purpose is the combined freight forwarding business, etc., and the Defendant is exporting used cars to Africa, etc. under the trade name “L”.
B. As the principal lawsuit of this case, the Plaintiff filed a claim against the Defendant for payment of KRW 21,447,81 based on the bill of lading and the additional bill of lading, etc. of KRW 21,447,81 as stated in the above 2.2. The Defendant filed a claim against the Plaintiff for payment of KRW 62,00,000 as damages for automobiles, etc. whose usual carriage was lost by a counterclaim. The court of first instance accepted the Plaintiff’s claim against the principal lawsuit and the Defendant’s counterclaim, and dismissed each of the remaining claims. However, the Plaintiff and the Defendant did not appeal against the principal lawsuit, while only the Plaintiff did not appeal against the part against which the Defendant lost by the Defendant’s counterclaim, the scope
2. Facts of recognition;
A. At the request of the Defendant from around April 2011, the Plaintiff has been engaged in a transaction in which the Defendant arranged for the maritime transport of the containers in which the Defendant exported used cars are loaded in Africa and the Defendant received transport charges from the Defendant.
B. The Plaintiff entered into a maritime transport contract with UNITEAB SHIPPING COMPPGS, SAPG (hereinafter “instant transport company”) as follows, and intended to transport containers with low used cars as requested by the Defendant. The Plaintiff issued a master bill of lading from the instant transport company to the consignor, the Plaintiff, or the local partner, with BAJFREIGHT LTRD (hereinafter “small and Medium Enterprise”), and the Defendant (L) issued the consignee, and the local consignee and the Defendant issued the cargo bill of lading under the terms and conditions of freight pay (FREIGHPP).
The bill of lading issued on June 12, 201 (hereinafter referred to as the “first bill of lading”) is master.