보관료등
1. The defendant shall pay to the plaintiff 56,043,681 won and 20% per annum from June 28, 2012 to the day of complete payment.
1. Determination on the cause of the claim
A. Facts 1) The Plaintiff and the Defendant (former trade name before the change: the china tour Co., Ltd.; hereinafter referred to as “Defendant” in total before and after the change of trade name
2) The Plaintiff’s exclusive right to use the logistics center of size B, 30,273.14 square meters in Changwon-si with the Plaintiff’s exclusive right to use (hereinafter “instant logistics center”).
3) The Defendant’s Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”)
(2) The term “a contract for the storage and selection of steel materials” (hereinafter “instant contract”) to keep steel materials requested to be kept and selected from the court.
The contract period shall be 15 years from January 1, 2008 to December 31, 202 (Article 1). Storage fees shall be 2,500 won per ton (excluding value-added tax; hereinafter the same shall apply).
(2) The amount of storage fees shall be KRW 2,00 per ton (Article 3(1)). The amount of storage fees shall be adjusted in proportion to the price index of the Statistics Korea for the three immediately preceding years from January 1, 2009 to January 1, 2009 (Article 3(4)). The amount of storage fees from January 1, 2009 to 600,000 tons per ton (Article 3(5)) shall be KRW 2,750 per ton, and the amount of excess 60,000 tons per ton (Article 3(5). The Defendant shall compensate the Plaintiff for the amount of storage fees and the amount of sorting charges for the amount below 40,000 tons per ton, after January 1, 2009. The Defendant paid the amount of storage fees to the Plaintiff at the time of payment of storage fees for each year (Article 3(6)2).
3) The consumer price in 2009 increased by 2.8% compared to the preceding year. 3% in 2010, and 4% in 2011, respectively, were increased compared to the preceding year. 400,000 tons in 209 and 2010, the Defendant’s strong custody in the instant logistics center was exceeded 40,000 tons, but in 2011, the Defendant kept only 383,527.2 tons and was below 16,472.8 tons in 40,00 tons in 201.
B. Determination 1) Unpaid storage fees from January 1, 2009 to May 20, 2012: the Defendant’s unpaid storage fees: KRW 386,756,329 (excluding value-added tax) and specific calculation details.