(영문) 춘천지방법원강릉지원 2015.07.08 2014가단200844

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(영문) 춘천지방법원강릉지원 2015.07.08 2014가단200844

보관료 등

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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 plaintiff's assertion

A. On July 1, 2012, the Plaintiff and the Defendant entered into a low-speed warehouse lease agreement with the Defendant, stating that the reduction of the capital owned by the Defendant was kept for one year until June 30, 2013 in the Gangnam-si B, C, and D low-ground temperature warehouse, and that the Defendant would be paid KRW 250 million with the storage charge, but the Plaintiff would be paid KRW 250 million with the storage charge on a monthly basis after the expiration of the period, and that the electricity charge would be borne by the Defendant.

(hereinafter “instant lease agreement”). B.

Since the Defendant, even after the expiration of the period of storage of capital reduction under the instant lease agreement, collected the capital reduction being kept in a low temperature warehouse, the Plaintiff eventually discarded the said capital reduction on or around September 20, 2014.

C. Therefore, the Defendant is obliged to calculate to the Plaintiff the amount of storage fees for one month when the period from July 1, 2013 to September 30, 2014 under the instant lease agreement exceeds half the month.

36,286,90 won (=2,791,300 won of monthly storage charge (=2,083,000 value-added tax of KRW 208,300 of monthly storage charge) x 13 months) in total, including storage charge, under the instant lease agreement.

2. Determination

A. First, we examine whether the instant lease contract was concluded between the Plaintiff and the Defendant, as alleged by the Plaintiff.

The evidence corresponding thereto is first indicated in Gap's certificate 1 (low temperature warehouse lease contract).

However, in light of the following circumstances, it is reasonable to view that the above evidence Nos. 1 and 3-2 of the evidence Nos. 8-1, 3-2, 1-1, 7-1, 3, 4, 10, 14-17 of the evidence Nos. 3, 11-3 of the evidence Nos. 11 of the defendant submitted by the defendant, and the purport of the whole arguments and arguments of Nos. 8-1, 3-2 of the evidence Nos. 3, 7-1, 3, 10, 14, and 17 of the evidence Nos. 8-1, 11-3 of the evidence No.

① The Plaintiff and the Defendant around June 2012, before the low temperature warehouse lease agreement of No. 1 was prepared.

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