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(영문) 서울남부지방법원 2018.05.08 2017가단241462
손해배상(기)
Text

1. The Defendants’ respective Plaintiff amounting to KRW 138,020,000 and Defendant B Co., Ltd. from March 30, 2017 with respect thereto.

Reasons

1. Facts of recognition;

A. Defendant B (hereinafter “Defendant”) is a company that is engaged in logistics warehousing business, commercial bonded warehouse business, and overseas import cargo storage and business agency in E operated by the Korea Airports Corporation, and is a goods custodian.

B. Defendant C is a representative of the inside director of the Defendant Company, and Defendant D is an employee of the Defendant Company in charge of the affairs of the goods kept by the Plaintiff.

C. F Company G operated by F (hereinafter “G”) imported computer monitors, keyboards, related parts, etc. in China and stored them in the warehouse of the Defendant Company.

On January 30, 2015, the Plaintiff leased money to G, and received each written confirmation from the Defendant Company that visit the Defendant Company to verify the transfer of the Plaintiff’s name from G to the storage of the domestic cargo storage certificate, and the said goods, with the payment of KRW P-039LD C/T 300, respectively.

G subsequently, at the time of borrowing money from the Plaintiff, G received a written confirmation from the Defendant Company that the goods in custody in the warehouse of the Defendant Company are transferred to the Plaintiff and delivered to the Plaintiff. If G pays a part of the money to the Plaintiff, the Plaintiff requested the Defendant Company to transfer the goods to G to the same extent as the goods.

The contact between the Plaintiff and the Defendant was sent through e-mail by H and Defendant D, the representative of the Plaintiff.

E. Defendant D, upon request of the Plaintiff, prepared a inventory list several times until March 30, 2017 and delivered it to the Plaintiff by e-mail.

(D) On March 30, 2017, the Plaintiff visited the Defendant Company to check the inventory, and there was no inventory, and Defendant D, an employee of the Defendant Company, prepared and issued a written confirmation to the effect that the goods indicated in the following list were shipped out under C instructions to the extent that the inventory quantity is stated.

(i) the name of the good;

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