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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On May 2012, the Plaintiff entered into a contract of carriage (hereinafter “instant contract of carriage”) with the Defendant on the part of the navigational arche containing documents such as a funeral and a funeral (hereinafter “instant navigational arche”).
The Defendant, around July 2012, in the course of transporting the instant port interest in accordance with the instant transport contract, destroyed part of the instant port interest and damaged the boom and the boom contained therein.
[Ground of recognition] The plaintiff suffered damages of KRW 53,10,00 in total, as indicated below, due to the plaintiff's negligence in the defendant's transport, which caused damage to the design and the gap contained in the port of this case, due to the plaintiff's failure to dispute, Gap evidence 2, Eul evidence 1, and the purport of the whole argument.
This constitutes not only the nonperformance of obligations under the contract of carriage but also the tort against the plaintiff. The defendant is obligated to pay the plaintiff 276,550,000 won and damages for delay, which are part of the damages suffered by the plaintiff due to the performance of the obligation to compensate for damages due to default or tort.
The defendant shall first consider as to the expiration of the extinctive prescription as to the claim for damages due to the lapse of the extinctive prescription, since the defendant shall first consider as to the expiration of the extinctive prescription as to the claim for damages of KRW 30,000,000 as to the expiration of the extinctive prescription as to the claim for damages of KRW 30,000,000, 100 won/per 100,000 won/per 100,000 won per 1,000,000 won per 1,000,000 won per 4- Chapter 5, 100,000,000 won per 1,00,000 won per 5,00,000 won per 3,00,000 won or more per 60,000 won per 60,000 won or more per 60,000 won per 60,000.
Even if the Defendant is recognized as liable for damages due to nonperformance of contractual obligations under the instant contract, the extinctive prescription period for the said claim for damages shall be from the date of receipt of the instant claim for damages pursuant to Articles 147 and 121(1) of the Commercial Act.