The judgment of the first instance shall be modified as follows:

A. The Defendant’s KRW 29,292,236 and KRW 9,169,832 among the Plaintiff.

1. Facts of recognition;

A. On May 1, 2005, the Plaintiff, who is engaged in the multimodal transport brokerage business, entered into a contract with C Limited Corporation (hereinafter “C”) to act as a proxy for trading.

B. From around 2018, the Plaintiff received a request from the Defendant, who runs a pulp raw material processing business, etc., to transport the relevant cargo from the domestic port to the Chinese port, such as marine transportation from the domestic port to the Chinese port.

(c)

On February 2, 2019, the Defendant requested the Plaintiff to conduct maritime transportation of the quantity of 82 containers, and around that time, the Plaintiff brought 82 containers supplied by C into a cargo terminal managed by D Co., Ltd. (former E Co., Ltd.; hereinafter “D”).

(d)

However, the Defendant’s failure to load the above cargo, and the Plaintiff continued to wait at the cargo terminal as it is. On April 9, 2019, the Defendant notified the Plaintiff that the shipment became final and conclusive. Accordingly, on April 24, 2019, the Plaintiff left the port after all of the above cargo (hereinafter “instant cargo”).

E. On January 9, 2020, the Plaintiff paid KRW 9,169,832 of the excessive terminal usage fee for the period exceeding 28 days for free use of a port to D, and on August 26, 2020, the Plaintiff paid KRW 20,122,404 of the excess terminal usage fee for the period exceeding 30 days for free use of a container (the Defendant expressed the body fee and excess terminal usage fee; hereinafter “excess use fee”).

[Ground for recognition] Unsatisfy, entry of Gap evidence 1 to 19 (including various numbers for which number is included), and the result of inquiry of each fact about C and D by this court, the purport of the entire pleadings

2. According to the facts of the determination on the cause of the claim, the Plaintiff and the Defendant entered into a multimodal transport contract for the instant cargo.

I would like to say.

The carrier’s agent shall act as a broker.