beta
(영문) 서울중앙지방법원 2018.04.27 2017가합543299

손해배상(기)

Text

1. The Defendant’s payment of KRW 209,930,255 to the Plaintiff is 6% per annum from July 18, 2017 to April 27, 2018.

Reasons

1. The Plaintiff is a company engaged in the manufacturing and selling business, etc. of new shoes under the trade name of kyp, squerel, etc., and the Defendant is a company with the aim of warehouse business, etc.

Article 1 (Purpose of this Agreement) (1) The purpose of this Agreement is to enter into an agreement on behalf of the defendant to entrust all the distribution services to the defendant after the entry into the Busan New Port Logistics Center in the course of a series of processes in which the plaintiff supplies goods produced or sold to the Korea Trade Center.

Article 2 (Scope of Proxy and Distribution Agency) (1) The term "logistics Agency" in this Agreement means that the defendant performs inventory management, delivery to the customer designated by the plaintiff, return and storage related to the plaintiff's goods from the plaintiff's goods into the Busan New Port Logistics Center to the Busan Port Logistics Center, all water delivery and inventory management related to the plaintiff's goods to the Busan Logistics Center, and other business incidental thereto.

(hereinafter) Article 4 (Liability for Ownership and Excess of Inventory) (1) The Defendant shall have the duty of due care as a good manager to confirm and manage all the products possessed and kept by the Defendant under this contract, including the Plaintiff’s products kept in the Plaintiff’s Busan Port Logistics Center.

(2) The defendant shall assume the responsibility of the plaintiff's failure to manage the receipts and disbursements of the plaintiff's products stored in Busan New Port Logistics Center by the plaintiff's computer, and shall submit to the plaintiff the head of the inventory center for the previous month by

The plaintiff's product details submitted are the actual inventory managed by the defendant.

(hereinafter) (3) At the time of the Plaintiff’s request, the Defendant shall conduct a stock inspection under mutual entry, and at the time of the stock inspection, when there occurs an amount exceeding the scope of the law rate recognized by LOSS between the head of inventory on the Defendant’s warehouse management system at the time of the stock inspection and the head of inventory

shall be compensated by the agency.

(4) The rate of recognition under paragraph (3) shall be the plaintiff on the basis of the time of investigation.