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1. The judgment of the first instance, including the claim for a counterclaim that has been reduced in this court, is modified as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 8, 2013, Defendant B entered into a construction contract with the Defendant-Counterclaim Intervenor (hereinafter “Defendant-Counterclaim Intervenor”). The competent authority entered into the instant construction contract with a place where the imported and exported goods for customs clearance of the storage site are temporarily stored on the Gyang-si C and D ground (hereinafter “instant storage site”), and completed the instant storage site on December 8, 2013.
B. Around February 2014, Defendant Corporation received a free lease of the instant storage site from the Commissioner of the Korea Coast Guard and applied for the use of the instant storage site from the Plaintiff on February 27, 2014. On February 28, 2014, Defendant Corporation consented to the Plaintiff’s use of the instant storage site with the following content:
(hereinafter referred to as “first approval to use”). The location and area for the use of public container: The location and area for the storage of harbor-related site (public container) / 79,954 square meters: Fees for the use of harbor-related site (total area): 1 month (from March 1, 2014 to March 31, 2014): 15,90,800 won (Additional tax separate);
C. On March 28, 2014, before the expiration of the period of use stipulated in the first consent to use, the Plaintiff applied again to the Defendant Corporation for the use of the instant device. On March 31, 2014, the Defendant Corporation consented to the use of the instant device with the following content:
(hereinafter referred to as “the second approval for use”). The location and area for the use of public container: The area for the storage and use of public container: F block/79,954 square meters: Fees for the use of harbor-related site (public container site) for three months (from April 1, 2014 to June 30, 2014): KRW 55,862,40 (Additional tax separate).
D. On April 7, 2014, the Plaintiff loaded a steel pipe on the part of 10,000 square meters of ordinary cargo in the instant storage site (hereinafter “general cargo storage site”) and immediately thereafter, suspended the use of the general cargo storage site as well as the damage, such as ground subsidence, rupture, etc., due to the occurrence of damage to the general cargo storage site, and prompt notification of the damage to the Defendant’s work along with a photograph.