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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff requested marine transportation brokerage to transport the households, etc. to be supplied to Jeju Apartment Construction Corporation to Jeju Apartment Construction Corporation (hereinafter “instant cargo”). New Jeju Shipping again requested the Defendant to arrange for the instant cargo transportation brokerage and shipment, and the Defendant loaded the instant cargo on the three months operated by the Defendant to accept the instant cargo and run by the Cheongju Shipping.
However, on April 16, 2014, the Sewol ferry was sunkd at the sea of Jindo-gun, Jindo-gun on April 16, 2014 while departing from the Incheon port and sailing into Jeju-do, and as a result, the Plaintiff suffered damages equivalent to the freight of this case on the wind that all the freight of this case loaded on the Sewol ferry (hereinafter “instant accident”).
However, the defendant received the freight of this case and did not properly perform the work of appropriateness in loading for the Sewol ferry.
Therefore, the defendant is liable to compensate the plaintiff for damages as a forwarding agent under Article 115 of the Commercial Act or for damages under Article 795(1) of the Commercial Act. However, the defendant is liable to compensate for the remaining 28,511,818 won after deducting the amount of 122,159,660 won of the compensation requested by the plaintiff to the April 16 Sewol ferry disaster compensation deliberation committee.
B. According to the facts without dispute and evidence Nos. 7-1 and 2, the Plaintiff filed an application for payment of the amount of KRW 150,671,508 in total with the State pursuant to the Special Act on Remedying Damage and Support, etc. for the April 13, 2015, when the instant lawsuit was pending on April 13, 2015, under the qualification of the agent of New Jeju Shipping Co., Ltd. (hereinafter “the Sewol Ferry Disaster Support Act”), and the April 16 Sewol Ferry Disaster Compensation and Compensation Deliberation Committee paid KRW 12,159,60 as compensation for the loss of the instant cargo on May 15, 2015.