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(영문) 부산지방법원 2016.04.20 2014가합3835

보관료등

Text

1. The Defendant’s KRW 134,492,235 as well as 5% per annum from February 5, 2014 to April 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Around December 2010, the Plaintiff, a company engaged in freezing and freezing of agricultural and fishery products, etc., concluded a contract with the Defendant to entrust the storage of the said agricultural products to the said warehouse without setting a deadline (hereinafter “instant storage contract”).

B. From December 15, 2010 to April 5, 2012, the Defendant entered 63,034 boxes (including 3,138 boxes) in the 1 factory 8th floor of the Plaintiff’s 1 factory from December 15, 2010 to April 5, 2012. Of them, 45,69 boxes were released. The Defendant did not release 17,335 boxes (=63,034 boxes - 45,69 boxes) remaining without delivery. The Defendant’s 17,335 boxes (63,034 boxes - 45,699 boxes) in the Busan District Court Decision 2012No4291, the 2013 auction contracts concluded on January 23, 2013 in the Plaintiff’s 201 warehouse, which were discarded under the Plaintiff’s 202 warehouse’s 201.

C. On January 27, 2012, the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant storage contract would have been carried out by the Defendant, such as being entrusted with custody until February 28, 2012.

Then, until June 20, 2012, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would release agricultural products, such as euplicating, and that the Defendant would raise the Plaintiff’s storage fees if the Defendant did not release the agricultural products.

However, as seen earlier, the defendant 17.1.