임치대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around June 2014, the Defendant entered into a storage contract with the Plaintiff, a warehouse business entity, to store 5,611 net 11,22,00 won (2,00 won per network) at the Plaintiff’s low temperature warehouse (hereinafter “instant storage contract”), and around that time, entered the same spath in the Plaintiff’s warehouse.
B. From January 28, 2015, to February 3, 2015, the Defendant released the volume as above, and 2,575 networks among them were decomposed and were not sold normally.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 11,22,00 won for remuneration under the storage contract of this case and damages for delay calculated at the rate of 6% per annum as stipulated by the Commercial Act from February 4, 2015 to November 26, 2015, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. Meanwhile, the Plaintiff filed a claim for the payment of damages for delay from February 3, 2015, but the time of payment under the deposit agreement is after performing custody affairs, unless otherwise agreed by the parties (Articles 701 and 686(2) of the Civil Act). In this case where there is no assertion that there was no proof that the Plaintiff agreed on the time of payment of remuneration between the Plaintiff and the Defendant, as seen earlier, the Defendant’s claim for damages for delay on the date of the final shipment should not be accepted.
3. Determination as to the defendant's defense of set-off and counterclaim
A. The defendant's assertion that the parties concerned is equal to the defendant's failure to perform his duty of care in custody as warehouse business operator.