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(영문) 서울중앙지방법원 2014.12.11 2013가합26734
손해배상
Text

1. The Defendant’s KRW 6,860,269,653 as well as the Plaintiff’s KRW 6% per annum from September 28, 2012 to December 11, 2014.

Reasons

1. The plaintiff is a company that operates milk treatment processing and product sales business, etc., and the defendant is a company that operates warehouse development and warehouse business.

On February 1, 2012, the Defendant: (a) newly constructed a freezing warehouse building (hereinafter referred to as “instant warehouse”) on the plot of land outside 152-6 and four parcels, Namyang-si, Namyang-do; and (b) entered into a contract on services with the ASEAN Service Co., Ltd. (hereinafter referred to as “ASEAN Service”); and (c) concluded a contract on services with the content of entrusting the maintenance and management of the warehouse of this case to the ASEAN Service.

Of the instant warehouse, the Defendant leased the first floor above Dong (A), and entered into a deposit contract with the Yeongdeungpo Logistics Co., Ltd. on March 9, 2012, with the content that the Defendant would store the goods in the leased part of the goods that the Defendant entrusted to the Defendant. On May 4, 2012, the Defendant sold the instant warehouse to the Defendant’s Intervenor, the Intervenor, the Intervenor, the Plaintiff, and the Plaintiff succeeded to the said lease contract between the Defendant and the Samyoung Logistics Co., Ltd. on August 17, 2012.

Around February 13, 2012, the Defendant entered into a deposit contract with the Plaintiff to store ice and beverages produced by the Plaintiff, and ice and sprinks for loading and transporting them in the instant warehouse. On March 14, 2012, the Defendant entered into a deposit contract with the purport that the Plaintiff would store ice and beverages, raw materials, and sprinks purchased or directly produced for the production of the products in the instant warehouse. At that time, the Defendant entered into the deposit contract with the Plaintiff to store ice and ice (cream, yeast) and sprinks (hereinafter “this case ice, etc.”). At that time, the Defendant received the foregoing ice and beverages, raw materials, and asphalt (hereinafter “the instant ice department, etc.”).

On September 27, 2012, a fire (hereinafter “the fire of this case”) occurred on the first floor of the warehouse A, Dong A (hereinafter “instant warehouse”). As a result, the sum of the ice deposited by the Plaintiff and the 37 types, the sum of 261,189, and the three kinds of emulants, 27,794.

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