기타(금전)
1. The Defendant (Counterclaim Plaintiff) paid KRW 104,626,809 to the Plaintiff (Counterclaim Defendant) and its amount from July 8, 2015 to October 19, 2016.
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. The Plaintiff is a corporation with the purpose of transporting agricultural products, joint shipment, processing, exporting, leasing, etc., and the Defendant is a corporation with the purpose of processing, distributing, etc. agricultural, fishery, and livestock products.
B. On June 24, 2013, the Plaintiff entered into a warehouse use contract (hereinafter “instant contract”) with the Defendant and the Plaintiff on the agricultural product storage located in Kimcheon-si, Kimcheon-si (hereinafter “instant warehouse”). The main contents are as follows.
Article 2 The terms and conditions of the contract under Article 4, between June 24, 2013 and December 31, 2013 (However, the plaintiff and the defendant may extend the term of lease by mutual agreement)
7. In the entrusted management of the defendant's products, the plaintiff has verified at least once a week at issue in quality and notified the defendant thereof, and the plaintiff is liable for any defect in the product caused by the plaintiff's care failure in management, such as temperature, dampness, ventilation, hygiene, etc.
9. For release of products, an official seal of the defendant is affixed.
The plaintiff may deliver a document only if there is an official request, and the plaintiff shall be responsible for the issue of free release.
C. The instant contract was renewed and the Defendant used the instant warehouse until May 2015, and the Defendant deposited 1,783,480km and 247,290km in the instant warehouse in accordance with the instant contract, and paid KRW 180,000,000 to the Plaintiff as storage fees and sorting charges under the instant contract from September 2, 2014 to April 17, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff entered into the instant contract with the Defendant to determine the cause of the claim, and accordingly, kept the chip and capital reduction owned by the Defendant in the instant warehouse, and the Defendant entered into the instant contract with the Plaintiff.