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(영문) 대구지방법원 2015.02.05 2013가합7787

손해배상(기)

Text

1. The Defendant’s KRW 83,768,391 as well as 5% per annum from July 21, 2013 to February 5, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of wholesale business among agricultural and fishery products, and the Defendant is a corporation with the purpose of distributing, processing, selling, and storing agricultural and fishery products.

B. Around June 29, 2013, the Plaintiff entered into a deposit agreement with the Defendant on the consignment of custody of the party’s root purchased in mountainous districts to the Defendant’s storage space (Articles 4 and 7).

C. Accordingly, from June 29, 2013 to July 11, 2013, the Plaintiff entrusted the custody of 12,014 Gambling (20km per 20km) purchased from the Gyeongsan, Yancheon, and resident Japan.

However, the Plaintiff’s employees confirmed around July 12, 2013 around the morning, and due to the decomposition of the roots in the storage area No. 4 and the temperature of the storage area was higher than 15 degrees in video.

E. From July 1, 2013 to July 20, 2013, the Plaintiff employed the seal and selected, re-entered, and performed work, and kept good conditions in the Defendant’s storage box after packaging it in a new gambling room, and disposed of the amount of 5,077 boxes during the perishable period.

The Plaintiff spent KRW 29,615,000 at the above working costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged prior to the occurrence of liability for damages, the Defendant, a warehouseman, barring any special circumstance, has caused corruption to the Plaintiff, a bailor, in the current place that was entrusted under a warehouse deposit contract, thereby losing its commercial nature. Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred by nonperformance of a warehouse deposit contract.

B. The defendant's exemption from liability asserts that the defendant is not negligent in the defendant and therefore there is no liability for damages since the defendant stored the party room entrusted by the plaintiff in the defendant's storage and without any defects in machinery.