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(영문) 서울중앙지방법원 2019.09.27 2018가단5237988
보관료
Text

1. Of the instant lawsuit, the part concerning the claim for storage of goods from September 7, 2019 shall be dismissed.

2. The defendant shall make the plaintiff 60,146.

Reasons

1. The Plaintiff is a person who operates a warehouse business with the trade name “G” in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

On September 25, 2014, with respect to H and I ground J Housing K (hereinafter “instant real estate”), the trustee was the Defendant on September 25, 2014, and the ownership transfer registration based on the trust agreement as of September 24, 2014 was completed. The first priority beneficiary under the said trust agreement was L Co., Ltd. (hereinafter “L”).

The Defendant brought a lawsuit against M&A, N, andO (hereinafter collectively referred to as “M, etc.”) which are lessees possessing the said real estate in order to conduct a public auction procedure with respect to the instant real estate. Around February 2017, the Defendant entered into a contract with the Plaintiff’s Intervenor (hereinafter referred to as “ Intervenor”) to delegate the performance of the instant claim for delivery of real estate to the intervenors (hereinafter referred to as “instant delegation contract”).

The Intervenor, upon the delegation of the Defendant, filed an application with the Suwon District Court 2017Kahap5058 for a decision of acceptance against M, etc., and received a decision of acceptance from the said court. Based on the original copy of the decision, the Intervenor conducted the delivery execution of the instant real estate from July 13, 2017 to 16:30 on the same day (hereinafter “instant delivery execution”).

On July 13, 2017, the Intervenor P, as the Defendant’s agent, entered into a storage contract with the Plaintiff (hereinafter “instant storage contract”). The instant storage contract carries and keeps goods owned by the Plaintiff, such as M, carried out in the course of the delivery of the instant case, using human resources and equipment, as the Plaintiff’s designated warehouse. At its expense, the Defendant, at its own expense, carries 50,000 won per 5t cargo, 200,000 won per private bridge, 90,000 won per person per additional worker, 5t container storage.

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