손해배상(기)
1. The plaintiff's primary claim shall be dismissed and the conjunctive claim shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On January 3, 2018, the Plaintiff entered into a standard transaction agreement with D Co., Ltd. (hereinafter “D”) for the purchase of goods; (2) around February 2018, the Plaintiff decided to purchase for KRW 5,000 Eas from D (hereinafter “instant goods”); and (3) paid KRW 400 million to D on June 26, 2018.
(2) The Plaintiff purchased the instant goods from D and demanded D to keep the instant goods in custody instead of promptly delivering them, and D had D keep the instant goods in the warehouse located in Gangseo-gu Seoul Metropolitan Government G (Seoul Gangseo-gu) operated by F (hereinafter “F”) (hereinafter “instant warehouse”).
B. The Defendant entered into a transport contract between the Defendant and F and the Defendant, F and D (1) is a company established for the purpose of the consignment brokerage business of cargo, general warehouse and bonded warehouse business, and is engaged in the selective distribution business under the trade name of “I.” On June 1, 2018, the home distribution agency contract was entered into with F (hereinafter “instant agency contract”). The F operated the Defendant’s “Gang Seo central home distribution agency” in the instant warehouse leased from Nonparty J and performed the home delivery business entrusted by the Defendant.
(2) On September 1, 2016, the Defendant entered into a transport contract with D and F (hereinafter “the instant transport contract”). The contract term of the instant transport contract was initially set from September 1, 2016 to August 30, 2017, but the contract term was extended by one year from September 30, 2019 after the expiration of the initial contract term until August 30, 2019.
C. F of the instant fire occurrence
A. (2) As seen in paragraph (2), while being handed over the instant goods from D and being kept in custody in the instant warehouse from that time, fire occurred in the instant warehouse on March 9, 2019, around 08:10, and the instant goods were discharged.
Grounds for recognition: