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(영문) 서울동부지방법원 2018.02.08 2017가합757

사용료 등

Text

1. The Defendant shall pay to the Plaintiff KRW 474,262,282 and the interest rate of KRW 24% per annum from August 16, 2017 to the date of full payment.

Reasons

Basic Facts

The plaintiff is a company that operates the rental business and storage business of the sales boxes, containers, and various storage containers boxes, and the defendant is a company that operates the wholesale and retail business.

On September 13, 2012, the Plaintiff entered into a contract under which the GJP-11D type arms used to transport goods to the Defendant, and as of December 1, 2014, the AJP-11A type arms and the AJP-12A type arms are leased as necessary (hereinafter “each of the instant contracts”), respectively, for a fixed period of time (hereinafter “each of the instant contracts”), and each of the instant contracts includes the following:

Article 6 (Lerenching Fees) (1) Lerenching fees shall be calculated by aggregating the unit price for the transport of the content of the Gu stated in the contract summary sheet and the unit price for the storage, and the cleaning expenses

Article 12 (Damage and Pollution of Goods) (4) Where it is impossible to use goods normally, damages shall be paid for the purchase cost of alternative goods, and users shall immediately pay to suppliers.

Article 14 (Compensation for Delay) If a user delays the performance of his/her pecuniary obligation under this Agreement, the supplier may claim damages for delay at least 24 percent per annum to the user.

Article 15 (Responsibility and Obligations) (1) If necessary, a user shall notify the supplier in writing of the quantity requested in 24 hours prior to the 24-hour (excluding holidays) and on the excursion ship (excluding holidays) and the supplier shall keep the quantity requested at the designated site of the user so that production and shipment may not be impeded.

(2) Where a user uses a vehicle of a user in storage of goods required, he/she shall notify the supplier in writing and by wire and obtain confirmation of the quantity of the supplier's logistics center and quantity requested from the supplier 24

(3) Every user shall always comply with a request from a supplier for an inventory inspection and reimburse any difference in inventory pursuant to Article 12 (4).

Article 19 (Return of Goods) (1) When a user completes the use of goods, he/she shall return it to the logistics center of the supplier and shall contact the supplier 48 hours prior to the completion of the use of the goods.