1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. The parties' assertion

A. (1) The Defendant is liable to compensate for damages due to nonperformance of contractual obligations or tort under the contract of carriage, since the instant cargo was damaged on the wind that did not supply all the containers in violation of the carrier’s duty of care in the course of transporting the instant cargo to the Busan Jindo Port after loading and unloading the instant cargo at the Busan Jindo Terminal.

When the instant cargo was damaged due to the Defendant’s breach of the duty of care, the conciliation was concluded to file a lawsuit against C seeking compensation for damages with a Chinese court, and the Plaintiff paid a certain amount of money stated in the claim upon D’s request. Accordingly, the Defendant is obliged to pay the Plaintiff the amount of compensation equivalent to the pertinent amount.

B. Since the Defendant had already damaged the cargo in excess of the freezing equipment of the instant container prior to the commencement of loading and unloading, it cannot comply with the Plaintiff’s request.

3. Determination

A. If a carrier does not prove that himself/herself, a forwarding agent, an employee, or any other person employed for the transportation did not neglect his/her care in connection with the receipt, delivery, custody, and transportation of the cargo, he/she is liable to compensate for damage resulting from the loss of, damage to, etc. the cargo (Article 135 of the Commercial Act). However, this is premised on the fact that the damage resulting from the loss of, damage to, or damage to, the cargo of this case was incurred during the carriage of the cargo of this case. Thus, we examine whether the damage resulting from the cargo

The above evidence, evidence, and evidence.