1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff concluded a cargo liability insurance contract with the freight forwarder B (C) with the company running non-life insurance business.

B. On July 13, 2009, the Defendant was entrusted by C with the business of transporting one set of materials from the Cheong power testing room owned by D (mutual name: E) from the E plant located in F in F in the city of selling the instant cargo (hereinafter “instant cargo”).

C. At around 18:30 on July 13, 2009, the Defendant confirmed that the instant cargo was damaged on July 14, 2009 around 08:00, while loading the instant cargo on a 4.5 tons walk walk truck in the E plant and transporting it to the Busan Metropolitan Hospital, and notified E, the owner of the instant cargo.

On November 2, 2009, the Plaintiff paid KRW 3,000,000 insurance money to E, the owner of the cargo liability insurance contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Determination:

A. (i) The carrier shall be liable to compensate for damages arising from the loss of, damage to, or delay in arrival of the cargo unless it proves that himself, the forwarding agent, the employee, or the person employed for the carriage did not neglect due care in the receipt, delivery, custody, and carriage of the cargo (Article 135 of the Commercial Act). The Defendant was in charge of the carriage of the cargo of this case as the carrier, and the fact that the cargo of this case was damaged during the carriage is as seen in the above basic facts.

In regard to this, the defendant asserts that he did not neglect his duty of care in the transportation of the cargo of this case, and therefore, he is not liable for damages. However, there is no evidence to acknowledge that the defendant fulfilled his duty of care in the transportation of the cargo of this case. Thus, the defendant'

See therefore, the defendant is liable to compensate E for damages arising from the damage of the cargo of this case as the carrier, and the plaintiff is above.