1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a chip wholesaler, the defendant is a warehouse operator who operates a chip storage warehouse.

B. On March 3, 2017, the Plaintiff agreed to purchase 7,000 net 7,000 won per network between Nonparty C and Yang-frequency 20kg, and agreed to purchase 1,500 net 1,50 network between Nonparty D and Yang-frequency 20kg.

C. On June 1, 2018, the Plaintiff entered the 8,500 net in the storage warehouse operated by the Defendant (i.e., 7,000 net 1,500 network; hereinafter “the two waves of this case”) into the storage warehouse (i.e., 20 km in the absence of a special unit indication).

On August 6, 2018, the Plaintiff and the Defendant concluded a deposit contract (hereinafter referred to as “instant deposit contract”) with respect to the 8,500 network for the two-waves stored above, and the period of deposit was set at KRW 13.6 million from June 1, 2017 to December 31, 2017.

E. The Plaintiff and the Defendant, by mutual agreement, extended the period under the instant deposit agreement until April 2018.

F. Around April 5, 2018, the Plaintiff carried out the selection work of the instant chip, and then released the 6,901 network in full from the 6th day of the same month to the 10th day of the same month, and sold a total of 35,346,00 won among the instant chip.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 evidence, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff purchased 8,500 networks of the highest quality level from C and D, and stored them in the Defendant’s storage. However, due to the Defendant’s temperature management error, most of the two waves of this case did not fall into the value of goods due to cooling damage, or did not sell Arabic. Accordingly, the Plaintiff asserted that the average market price of both waves of this case around April 27, 2018, which is the shipment date of the two waves of this case, is the average market price of both waves of 972 won per two wave based on the results of the fact-finding by the Korea Rural Economic Institute (KRE) Agricultural Monitoring Headquarters on October 27, 2019. However, the above 972 won is the average market price of both waves of the two waves.

(2) shall be entitled to take such profits.