1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is engaged in cargo transport business using a ship, and has been engaged in cargo transport business after having been requested by the defendant to load cargo.

B. On December 2015, the Defendant: (a) received a request from a beneficiary-based corporation, a senior police officer, to transport four string pumps (hereinafter “the instant drying machine”) from a senior police officer to A located in Seopopo-si, Seopo-si; (b) performed the instant drying machine to a wooden port; and (c) requested the Plaintiff on December 17, 2015, to transport the instant drying machine from the wooden port to the Jeju port.

(The freight for the instant drying machine determined by the Plaintiff and the Defendant was KRW 492,800).

On December 17, 2015, the Plaintiff: (a) loaded the instant dried machine to the Plaintiff’s cargo line and transported it to the Jeju Port; (b) during the course of transportation, the instant dried machine was divided into the instant dried machine into the Creick, thereby causing the instant accident (hereinafter “instant accident”).

[In the absence of dispute, Gap 1 through 3 (including paper numbers), Eul 1 through 7 (including paper numbers)]

2. Determination as to the cause of the claim is based on KRW 20,900,00 for the freight transported on December 2, 2015 at the Defendant’s request and KRW 14,823,60 for the freight transported on January 2016.

(A) Evidence Nos. 2-1, 2-2. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of 35,723,600 won (=20,900,000 won) and damages for delay.

The defendant asserts that since the construction of this case was damaged, 492,800 won of the freight for the dry season of this case should be excluded from the plaintiff's claim for delivery charges on December 2015.

Although the Plaintiff damaged the instant drying machine, it is recognized that the Plaintiff transported the instant drying machine to the State port from Bagpo Port, and thus, the Defendant may also claim the freight for the instant drying machine to the Defendant.

3. The defendant's defense of offsetting

A. The defendant asserts that the defendant is the defendant's claim for damages caused by the damage of the drying machine of this case.