1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Upon receipt of a request from China, the Plaintiff purchased cosmetics from China, and sent them to China. From November 2015 to December 2015, the Plaintiff purchased cosmetics.

B. C received a proposal from China D to China to transport cosmetics from China, and paid 3,000 bills at the transportation cost to D on December 10, 2015.

C. D had C leave cosmetics to the Defendant’s office, and C requested the Plaintiff to leave the cosmetics purchased by the Plaintiff to the Defendant’s office. Accordingly, the Plaintiff delivered 44 stuffs (hereinafter “instant cosmetics”) to the Defendant from December 3, 2015 to December 13, 2015.

The defendant, who is engaged in the business of international transportation, trade, etc. with the trade name of "E" and who has no place to keep goods to be transported to China from D as a logistics warehouse. Thus, the defendant received a request from the plaintiff that "to keep a motor vehicle for a short time," and then sent the test goods to be loaded on the cargo lane following the day." In response to this request, the plaintiff delivered the cosmetic, and then sent the cosmetic to the cargo vehicle that was found in the defendant's office at that time.

E. The instant cosmetics were not transported to C, and their whereabouts were unknown.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that ① as a partner of D, the defendant bears not only the obligation under the contract of carriage concluded between C and D, but also the defendant has concluded a contract of carriage separately with the plaintiff. Thus, the defendant has the responsibility to perform the obligation under the contract of carriage, and since F, who is the defendant's employee, committed a tort of embezzlement of the cosmetics of this case in the course of carriage, the defendant has the responsibility to use it. ②