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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Terms and conditions of a purchase agreement that the Public Procurement Service entered into with A (Representative B) on July 31, 2015 are as follows:
Supplier: Contractor A, Manufacturing Supplier C, and Franchisor Korea Testing Laboratory: Supply price for D1, total weight 1,724kg (hereinafter “instant product”): EUR 103,000, carrier delivery condition seller’s delivery of the goods to a carrier designated by the buyer at his/her own place of business or at any other designated place, the risk is transferred to the buyer, and the buyer’s insurance is commenced from this point of time.
B. Around 2014, the Public Procurement Service entered into a contract of carriage of foreign capital with Defendant ScarD (hereinafter “ScarD”). The Public Procurement Service requested the Defendant ScarD to transport the instant products from the French showers airport to the Korea Industrial Technology Laboratory to the Korea Industrial Technology Laboratory, and Defendant ScarD entrusted the air transport of the instant products to Defendant ScarD Co., Ltd. (hereinafter “Korea Civil Aviation”).
The carrier: from May 1, 2014, to April 30, 2016, the period of the ScarD shipping contract: Foreign and domestic transportation: Article 1 (Purpose) of the terms of the package shipping contract exclusively in charge of the package shipping company, provides for the maritime and air transportation of foreign goods purchased by the Public Procurement Service and the inland transportation and customs-related matters to the designated place of the demanding administrative agency, and clarify contractual responsibilities and obligations.
Article 3(Scope and Scope of Application) This Agreement shall apply to the carriage of goods that A has requested for carriage to B by goods supplier or by a transporter designated by that supplier (in the case of C Conditions), to the designated place of a procuring entity, to the goods and services incidental thereto and other services requested by A.
Article 4 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows: