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(영문) 서울중앙지방법원 2016.09.30 2015가단5246653
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,618,750 to the Plaintiff (Counterclaim Defendant) and its related amount from August 1, 2015 to September 30, 2016.

Reasons

1. Basic facts

A. On July 10, 2014, the Defendant concluded a warehouse storage contract with the Plaintiff with the following content.

Subject matter: From July 10, 2014 to July 9, 2015, the defendant shall keep the goods in the warehouse owned by the defendant, and the plaintiff shall pay the storage fees and incidental expenses specified in the following subparagraphs to the defendant's request accompanied by evidentiary documents, such as tax invoices, transaction specifications, etc. (public space in order to maintain the quality of the goods at the time of storage by keeping the goods in an optimum manner appropriate for the nature of the goods on the basis of the storage standards for the goods, and to maintain the quality of the goods at the time of storage, such as changing the storage place and storage facilities, mixing with other storage facilities, etc., if a change in the storage method is anticipated, the defendant shall obtain prior written consent from the plaintiff in advance, and the defendant shall compensate the plaintiff for all damages, including damages to the price of the goods sold by the plaintiff to the delivery place and damages to the goods under quality of the goods in violation of this Article (Article 7 (7)) without delay if the defendant finds any damage or is likely to destroy the goods (Article 7 (7)).).

B. On August 1, 2014, the Defendant entered into an agreement with the Plaintiff and an agricultural company on the settlement of the following owner and storage fees with the clean forest company (hereinafter “clean forest”):

Subject matter: Spanish (Span paper) 246,50cc. (20cc. 12,325cc. c.) shippers and storage fees, including the reduced mag, even if the quantity has been reduced due to partial release, i.e., the owner of the instant mags 12,325 g.) - The ownership of the instant mag, until clear forest pays the total amount of the cost of the goods, shall be clear forest without the written consent of the Plaintiff.

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