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(영문) 서울남부지방법원 2016.09.30 2015나26387

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of additional payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of trade, export and import business, etc., and the Defendant is a company established for the purpose of warehouse leasing business, transportation business, etc.

B. On July 4, 2014, the Plaintiff entered into a warehouse use contract (hereinafter “instant contract”) with the Defendant, setting the contract period from July 9, 2014 to July 8, 2015, as follows.

Article 1 (Vicarious Execution of Business) The Plaintiff shall entrust a person with all affairs related to the storage, storage, and delivery of cargo imported from the Incheon Port, and the Defendant shall faithfully perform the entrusted affairs.

Article 3 (Shipment of Cargo) The Plaintiff shall notify the Defendant of the matters related to the scheduled cargo to be entered by the Defendant at the latest by the date preceding the date of entry, and the Defendant shall deliver to the Plaintiff a certificate of entry stating the following matters upon the Plaintiff’s cargo

1)The date of entry 2) the name, quantity and other relevant matters 3) the goods and the quantity of which have been entered are not notified in advance as to whether there is anything wrong with the goods and the quantity thereof, may be transferred to the defendant. Article 7 (Contract Rate/Approval) 1) of the Work Fee (Entry and Release) - Standard for 20 fee: 10,000 - 1,000 - 5,000 - 2) the storage charge (2) shall apply only to cargo for which 30 days have elapsed from the entry.

- - The 150 won/day (4,500/30 days) per Pakistan - - With respect to the storage of the plaintiff's inventory kept in another warehouse, working charges shall not arise, and shall be applied in line with the rate of storage fees after 30 days. 3) approval - The plaintiff shall pay monthly storage fees and working charges on the date designated by the defendant.

Article 9 (Responsibility for Keeping Goods in Custody) The defendant shall be obligated to keep the goods in good faith at the time of storage, and if there are any abnormal cargo in custody, he/she shall immediately report it to the plaintiff and keep a record of the photograph, etc.

Article 11 (Liability for Damages) The defendant shall be liable for damages to the plaintiff's goods due to fire, natural disaster, etc.