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1. The Defendant’s KRW 216,416 as well as the Plaintiff’s annual rate of KRW 5% from July 9, 2015 to October 20, 2017.
Reasons
Basic Facts
A. From March 2, 2015 to March 8, 2015, the Plaintiff supplied the Defendant with 20 kgs of 1,932 containers and total 38,640 kgs of 1,932 containers cultivated at vinyl houses.
C. The Defendant: (a) kept in the warehouse located in the Si/Gu/Eup in the Jeju Island; (b) shipped 33,743km from March 25, 2015 to April 21, 2015; and (c) paid KRW 121,116,56 to the Plaintiff after deducting the commission, commission, freight, packing expenses, etc. from the sales amount.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 3, and Eul evidence Nos. 4 (including provisional number; hereinafter the same shall apply), and the plaintiff's assertion as to the purport of the whole pleadings, and the purport of the whole pleadings, are asserted by the plaintiff, and the plaintiff supplies the defendant with the delivery of KRW 173,880,00 per kg (per 90,000 per container) for the benefit of market price of KRW 173,880,00 per kg (per 90,000) (= 4,500 x 38,640km). Since the defendant paid only KRW 121,16,56, the defendant is obligated to pay the remainder of KRW 52,763,444.
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.
The defendant's assertion that the defendant was shipped from the plaintiff is not a type of taking over but a type of trust.
Furthermore, natural wear and tear naturally increases and reduces weight, and distribution wear and tears caused by loss in the course of circulation, which is biological characteristics. The Defendant’s use of the benefit from the Plaintiff as total of 33,743 g, corruption 1,853 g, reduction of 1,280 g, etc. 36,876 g, and 1,764 gg, which is the difference between 38,640 g supplied by the Plaintiff and 38,640 g, is liable to the Defendant within the scope of normal wear and tear.