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(영문) 수원지방법원 2016.03.25 2015가단127120
손해배상(기)
Text

1. The Defendant’s KRW 29,815,227 as well as the Plaintiff’s KRW 5% per annum from August 11, 2015 to March 25, 2016.

Reasons

1. Evidence 1 to 5, Gap 11-1 through 6, Eul 1, and the purport of the whole pleadings

A. From around 2014, the Plaintiff is running the business of processing agricultural, fishery, and livestock products in Ansan-gu, Ansan-gu, 258-ro 42, Anyang-si. The Defendant is running the business of manufacturing and distributing meat processing products with D trade name from Ansung C (1st floor) to D.

B. On October 20, 2014, in order to store products of agricultural, fishery, and livestock products, the Plaintiff leased the instant building with a deposit of KRW 50 million, KRW 2.5 million per month, 33.25 square meters and its ground (hereinafter “instant building”) among the 844 square meters of the instant building site in Sungsung-si, and kept freezing fishery products, etc. in the instant building.

C. The Plaintiff’s leased building and the Defendant’s place of business are facing each other, facing each other, respectively, and the freezing store location stuffs are installed at approximately 150 cm above ground on the corner of the Plaintiff’s leased building.

The Defendant, as it is difficult for the Defendant to keep all the paper stuffs necessary for his business in the place of business due to the narrowness of the place of business, he stored a paper stuff around the location of the freezing warehouse between the Plaintiff’s mother building and the Defendant’s place of business adjacent to the Defendant’s place of business.

On June 9, 2015, the Defendant directed the Intervenor’s employee who was supplied with the paper stuffs by the Plaintiff’s Intervenor (hereinafter “ Intervenor”) and driving the paper stuffs to fit the paper stuffs between the Plaintiff’s mother and the Defendant’s place of business.

E. All the Plaintiff’s freezing warehouses was cut off after June 9, 2015.

F. On June 21, 2015, paper boxes used by the Defendant for the distribution of goods were located in the Plaintiff’s freezing source location.

G. On June 22, 2015, the Plaintiff confirmed that all the products stored in freezing warehouses were decomposed upon arrival at the site after receiving a communication from the building owner that freezing goods have been decomposed and malodored.

2. The Parties.

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