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Reasons
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(영문) 부산지방법원 2017.06.22 2016가단352961
보관료
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings on the entries or videos set forth in Gap evidence 1-3, 15, 16, and Eul evidence 1.

The plaintiff is a company that runs the business of selling, storing, storing, etc. oil, and the defendant is a company that runs the business of selling oil.

B. On October 1, 2010, the Plaintiff entered into a contract with the Defendant to sell oil (hereinafter “instant oil sales contract”) and entered into a contract to purchase oil against the Defendant on October 22, 2014 (hereinafter “instant oil purchase contract”).

C. On July 10, 2015, the Plaintiff entered into a contract with D, Inc. to purchase oil storage facilities (hereinafter “instant storage facilities”) located in the G, Young-gu, Busan (Seoul) for KRW 286-40 and 286-46 (hereinafter “instant storage facilities”) at the price of KRW 168 million and operated around that time.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) is that the Plaintiff and the Defendant agreed to keep and receive the storage fees for the oil owned by the Defendant when returning the oil. The Plaintiff kept the Defendant’s oil at the instant storage facilities from August 2015 to May 2016. However, the Defendant did not pay the Plaintiff KRW 70,531,000 for the storage fees (including the cost of shipment and value-added tax, etc.; hereinafter the same shall apply).

On the other hand, the plaintiff did not sell oil to the defendant under the oil sales contract of this case.

(2) The Defendant did not conclude an oil storage contract with the Plaintiff and requested the Plaintiff to store oil. The Defendant purchased oil from the Plaintiff pursuant to the instant oil sales contract and paid the price in full.

The defendant not only has a oil storage facility directly in Busan Young-do, but also is a trader who is supplied with oil, as well as a company.

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