손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Basic facts
A. On August 22, 2012, the Plaintiff entered into a deposit contract with the Defendant to store 600,073,780 won of livestock products gift sets (hereinafter “the instant gift sets”) entrusted by the Defendant for the distribution of Nonghyup Co., Ltd. (hereinafter “CF”) in the warehouse of the 152-2 (hereinafter “the instant warehouse”) in the Nam-do-Eup, Namyang-do-si, Changyang-do-si, the Plaintiff delivered the said set of gift sets to the Defendant, and the Defendant entered them into the said deposit contract on the first floor 101.
B. On September 27, 2012, after the Plaintiff deposited the instant gift set to the Defendant, an unregistered fire occurred in the vicinity of 104th floor underground of the warehouse of the instant case, and as a result, the instant gift set was entirely decomposed because the supply of all of 101, which was stored in the instant gift set, was obstructed, and the freezing was not operated.
C. Meanwhile, the Korea Fire Insurance Co., Ltd., which concluded a general fire insurance contract with the Defendant on the instant warehouse, refused payment of insurance money on the ground that the inventory assets, including the instant futures set, stored in the warehouse 101, were not directly damaged by fire, and thus, did not constitute damage guaranteed by the said general fire insurance contract.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, 6, 7 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, Eul evidence 3, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion (1) If the defendant proves that he was not negligent in exercising due care in the custody of the gift set of this case, which is the deposited goods, as a warehouse business operator pursuant to Article 160 of the Commercial Act, he shall be liable to compensate for damages for the loss of or damage to
② In addition, the Defendant shall maintain the temperature of the deposited goods as -18°C (【2°C) according to the instant deposited goods.