1. The instant lawsuit shall be dismissed.

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

The Plaintiff entered into a contract between the Defendant and the consignor to transport 5,049 tons of steel-frames located in Sabyavian to the port of Libya (hereinafter “instant transport contract”). Since the Defendant did not prepare the shipment documents properly and the packing condition of the said steel-frames was poor, the transport schedule was delayed.

As a result, the Plaintiff additionally disbursed USD 438,509.84 in U.S. dollars (hereinafter “additional cost”) in total, including delay charges in the port of registry, delay charges in both ports, and additional port cost due to changes in the port of registry.

Since the Defendant agreed to pay the above additional costs to the Plaintiff, the Defendant is obligated to pay the above additional costs pursuant to the above agreement. The Plaintiff bears the additional costs on behalf of the Defendant, even though the Plaintiff did not have the above agreement, since the Plaintiff bears the burden of the additional costs on behalf of the Defendant (the first preliminary assertion), and even if not, the Plaintiff deceivings the Plaintiff during the process of concluding the contract of carriage (the first preliminary assertion) and thereby caused damages equivalent to the above additional costs, so the Plaintiff is entitled to seek compensation for damages caused by tort against the Defendant (the second preliminary assertion), and even if not, the Plaintiff is not entitled to seek compensation for damages incurred by the Plaintiff from the work of packing and shipping documents (the second preliminary assertion). Therefore, the Plaintiff sought restitution of unjust enrichment to the Defendant.

(3) As to the legitimacy of the instant lawsuit, the Defendant’s assertion that the instant lawsuit was unlawful since it was filed one year after the limitation period under Article 814(1) of the Commercial Act. As such, the Defendant’s determination on the legitimacy of the instant lawsuit is examined as to the lawfulness of the instant lawsuit.

Article 814 (1) of the Commercial Act provides that "the charterer or consignor of the carrier" shall be the carrier.