물품대금 및 반환
1. The defendant shall pay 23,800,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
1. Determination on the claim amounting to KRW 20,000,000
A. The Plaintiff and the Defendant entered into an oil storage contract (hereinafter “instant storage contract”) around February 2016, but around October 2016, the instant storage contract was terminated. Upon termination of the instant storage contract, the Plaintiff and the Defendant agreed to return the Plaintiff not in kind but in cash equivalent to the market price. The Plaintiff’s transit currently kept by the Defendant is 21,200 liters of the market price. There is no dispute between the parties.
(2) The Defendant: (a) The Defendant: (b) made a confession that the above light oil storage capacity was 21,200 liters; (c) the Defendant actually cancelled it on the fourth date for pleading; but (d) there is no evidence to prove that the confession was contrary to the truth and due to mistake; and (e) the above revocation is not effective. According to the above facts, barring any special circumstance, the Defendant is obliged to pay to the Plaintiff KRW 20,000,000, which corresponds to the market price of 21,200 liters, which the Defendant
B. The defendant's assertion 1) At the time of the storage contract of this case, the defendant agreed to pay the storage fees of 60 to 80 won per liter (at the time of the storage contract of this case), and since the defendant kept 392,00 liters via the plaintiff, the defendant has the right to pay the storage fees of 23,520,000 won to the plaintiff or 31,360,000 won (at the time of loading KRW 11,760,000 to KRW 15,680,000). The defendant's claim for the storage fees of this case is set-off against the plaintiff's automatic claim of this case. The defendant set-off the claim of this case against the plaintiff's automatic claim of this case. The plaintiff and the defendant agreed to pay the storage fees at the time of the storage contract of this case, there is no dispute between the parties.
However, there is no evidence to acknowledge that the amount of storage fees exceeds KRW 600,000 per liter, which the Plaintiff recognized, and agreed to be KRW 30 to 80 per liter, as alleged by the Defendant.
Therefore, it is true.