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(영문) 서울동부지방법원 2018.05.09 2017나3637

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Defendant B, C, D, and E were those who completed the registration of ownership transfer with respect to 1/9 shares among F apartment 701 of Dobong-gu Seoul Metropolitan Government F apartment 701. On November 10, 2014, Defendant was appointed as the designated party, and filed a lawsuit against G, such as the delivery of a building seeking the delivery of the instant real estate, with the Seoul Northern District Court 2014Kadan44373, and the said court rendered a judgment on May 21, 2015 that “G shall deliver the instant real estate to the Defendant who is the appointed party,” and the said judgment became final and conclusive around that time.

B. On July 2015, the Defendant entered into a cargo storage consignment agreement with the Plaintiff that “The Plaintiff shall keep the instant goods located in the instant real estate from July 22, 2015 to August 21, 2015, in the Plaintiff’s container, and shall receive KRW 1,00,000 per month from the Defendant as the transport cost of the instant goods, as the storage charge, and KRW 400,000 per month from the Defendant, respectively, in the course of delivery and execution of the instant real estate based on the above judgment. However, at least one month, the Defendant shall, in principle, pay the prepaid storage charge within seven days after the expiration date of the contract and the expiration date of the storage charge for the advance payment, and the additional charge for the unpaid amount shall be added to 30% of the late payment charge.”

C. On July 22, 2015, the Plaintiff transferred the instant goods to the Plaintiff’s container pursuant to the said contract, and thereafter keeps the said goods from the above date to the present date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff KRW 1,00,000,000 for transportation expenses, and KRW 6,00,000 for storage expenses from July 22, 2015 to October 21, 2016, which is the base date the Plaintiff seeks from July 22, 2015 (i.e., KRW 4,00,000 x 15 months), and arrears for the above storage fees (i.e., KRW 6,80,000 x 00 x 0.3) plus KRW 8,800,000 (= KRW 6,0000 ,000,000 x 1,800,000,000). As to this, the record shall be from May 11, 2017 to the date of delivery of a copy of the complaint in this case.