1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Facts of recognition

The plaintiff is a company engaging in the overseas export business of agricultural products, and the defendant is a company engaging in the forwarding business.

On August 17, 2016, the Plaintiff requested on August 17, 2016, Singapore to purchase the USD 15,300 USP TPP (hereinafter “instant product”) from the “BENLUX FLPS & FOE TPPD” (hereinafter “instant importer”), and requested on August 18, 2016, the Plaintiff transported the instant product to request the Defendant to change the operator to deliver the instant product.

The Defendant entered into a contract of carriage with Korea Shipping Co., Ltd. (hereinafter “Korea Shipping”) on the instant product. Under a joint navigation contract entered into between Korea Shipping and Korea Shipping Co., Ltd. (hereinafter “Korea Shipping”), Hanjin Shipping actually transported the instant product with a vessel owned by it to Singapore. On August 19, 2016, the Defendant sent to the Plaintiff e-mail with the following content:

On August 26, 2016, the Plaintiff paid 16,200,000 won for goods to the Youngcheon Environment-Friendly Agricultural Cooperative, and 4,10,000 won for land transport on August 27, 2016, and loaded the instant goods to the Korea Shipping Co., Ltd. (hereinafter referred to as the “instant vessel”). In consideration of the Plaintiff as the consignor of the instant goods, the Plaintiff issued the bill of lading, stating that “BENLOOFOW MUS MUW MUWS MTD PED 10,000 won for goods,” and that the Plaintiff issued the bill of lading as the consignee of the instant goods.

On the other hand, the instant vessel started from the Busan Port as scheduled, but when the Hanjin Shipping applied for legal management on August 31, 2016, it waiting for creditors to avoid vessel seizure without being connected to the Washington Port to avoid vessel seizure. Ultimately, on September 22, 2016, the instant importer took out the instant product, but it had already become a product due to corruption, etc.