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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Ⅰ. Basic facts
1. Around April 2015, the relevant Plaintiff entered into a marine cargo insurance contract (hereinafter “instant insurance contract”) with D Co., Ltd. (hereinafter “D”) with the insurance coverage period from April 1, 2015 to April 1, 2016, where an insured event, such as the loss of all products transported by D upon entering into a contract of carriage, etc., the relevant Plaintiff entered into an insurance contract with D Co., Ltd. (hereinafter “D”).
On April 22, 2005, the Plaintiff becomes an insured person of D Chile's local company (D Inc. Whitea; hereinafter referred to as D Chile corporation), F (E-Chile corporation; hereinafter referred to as E-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C
2. D’s export of smartphones entered into a contract for the export and sale of smartphone 7,600 (hereinafter “instant smartphone”) with DCFR (including the terms and conditions of delivery) on the commercial invoice issued by D in connection with the instant export contract (hereinafter “instant commercial invoice”).
3. Transportation of smartphones by Defendant B
A. On January 1, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a transport contract between Defendant B and D to transport the goods designated by D on consignment (hereinafter “instant transport contract”).
B. D entrusted the Defendant with each transport of 3,00 smartphones around April 2, 2015, and 4,600 smartphones around April 3, 2015.
On the other hand, the contract of carriage is stipulated as follows.
Article 5 (Compensation for Damages, etc.)
2. The Company (Defendant B) is due to the theft, loss, damage, delay of cargo and other defects in the loading and transport of cargo.