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(영문) 서울중앙지방법원 2018.06.14 2017나87311
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 9, 2010, the Plaintiff leased KRW 5,000,000, monthly rent of KRW 350,000 as the agent of Seocho-gu Seoul Metropolitan Government (hereinafter “instant loan”) as the Plaintiff’s agent, and stored personal goods, such as the Plaintiff’s computers, prior books, and clothes (hereinafter “Plaintiff’s personal goods”).

B. C terminated the above lease contract on August 27, 2010, and refunded KRW 1,515,210,000, which remains after deducting the overdue rent, etc. from the said deposit from the lessor, and paid KRW 900,000 to the Defendant operating the same day transportation business for the Plaintiff’s personal goods and storage fees for six months.

C. On the same day, the Defendant entered into an entrustment contract for cargo storage with E logistics storage business operator for the storage amount of KRW 165,00, and the storage period of KRW 165,000 from August 27, 2010 to November 26, 2010, and deposited the Plaintiff’s personal goods to the above warehouse. The Defendant paid the storage amount of KRW 165,000 again on November 29, 201, and extended the above cargo storage contract for three months.

(Period of storage from November 27, 201 to February 26, 201) d.

On February 21, 2011, the Defendant received 300,000 won from C on February 21, 201, and paid 165,000 won for storage to the said warehouse operator on February 27, 2011, and extended the above custody contract for three months, at the end of several telephone calls for the disposal of the Plaintiff’s personal goods.

(Period of storage from February 27, 201 to May 26, 201). (e)

Around May 201, the Defendant received from the said warehouse operator a demand for the extension of the custody contract and the payment of the overdue storage fees from the said warehouse operator, and did not contact with C, but later received notification from the said warehouse operator that he would dispose of the Plaintiff’s personal goods around October 2012.

F. The Defendant urged the payment of the overdue storage fees and paid KRW 247,00 as part of the overdue storage fees around April 2016.

[Ground of recognition] There is no dispute.

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