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1. The Defendant’s KRW 33,660,027 as well as the Plaintiff’s annual rate of 5% from July 15, 2015 to June 19, 2017.
Reasons
1. Basic facts
A. The plaintiff is a person operating a smuggling in Jeju City B, and the defendant is a cooperative established for the purpose of expanding markets for agricultural products produced by its members and promoting the smooth distribution of agricultural products. The plaintiff is a member of the defendant.
B. From March 22, 2015 to March 31, 2015, the Plaintiff supplied the Defendant with 20 kgs of 2,957 containers totaling 59,140 kgs of 2,957, cultivated in a vinyl house.
C. The Defendant: (a) kept in the warehouse located in the Si/Gu/Eup in the Jeju-si, the 101,300,116 won paid to the Plaintiff after shipping 31,085 g from April 2, 2015 to April 24, 2015; (b) shipping 31,085 g; (c) deducting the commission, commission, freight, packing expenses, etc. from the sales amount; (d) however, the remainder 28,05 g was not shipped due to corruption.
[Ground of recognition] Facts without dispute, Gap 1 and 3 evidence (including virtual numbers; hereinafter the same shall apply) 1, 4, 5, 13, and 16, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff, around the other hand, delivered to the defendant by the means of softing, and the market price of 166,130,000 won per kg (a container 90,000 won) is a total of KRW 266,130,00 (i.e., KRW 4,500 x 59,140 g). Since the defendant paid only KRW 101,290,116, the defendant is obligated to pay the remainder of KRW 164,839,884.
Preliminaryly, even if the Plaintiff entrusted the sale of the right of preference to the Defendant, the Defendant is liable to compensate for damages arising therefrom, as it neglected the duty of care and caused the decline or corruption of the quality by keeping the right of preference in the upper temperature without keeping it in the lower temperature warehouse. The amount of damages is identical to the primary argument.
B. Defendant (1) The Defendant’s method of shipping from the Plaintiff is not a type of taking over but a type of trust.
(2) The extent of shipping is one month, since it is necessary to perform the work after being entrusted.