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(영문) 수원지방법원안산지원 2017.10.17 2016가단65582
구상금등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of Gap evidence Nos. 2, 3, 4-1, 2, 5, and 6.

On July 23, 2014, the Plaintiff (former trade name: Echina ELK), a logistics businessman, entered into a cargo storage contract with the Defendant, a warehouse businessman (hereinafter “instant cargo storage contract”), and the main contents are as follows:

- Article 6 (Period of Validity of Contract) - Period of time used by the Plaintiff (Period of validity of the contract) shall be from June 1, 2014 to May 31, 2015.

Provided, That the defendant and the plaintiff may be notified and extended one month prior to the expiration of the period under consultation with the plaintiff.

Article 7 (Fees for Use) Contracts to be used by the Plaintiff: 300 accelerators (minimum): 16,000 won.

(Additional Tax Map). Article 9 (Security Deposit) The Plaintiff shall pay 20 million won as security deposit to the Defendant, and the Defendant shall make a refund to the Plaintiff within 30 days after the termination of the contract.

Article 10 (Payment of Fees) Where the Plaintiff fails to pay the fees, etc. to be paid to the Defendant or the amount to be paid is insufficient, the Defendant may preferentially appropriate the deposit deposited by the Plaintiff for payment.

Article 11 (Termination) If the plaintiff or defendant wishes to terminate the contract during the contract term and the extension period due to his/her own circumstances, he/she may terminate the contract even during mutual consultation after notifying the other party of his/her intention to terminate at least one month in writing.

B. Upon the Plaintiff’s request, the Defendant accepted the freight to which the Plaintiff entrusted the custody from May 13, 2014, which was before the date of preparation of the instant cargo storage contract, and on October 14, 2014, the Plaintiff paid KRW 20 million to the Defendant as stipulated in the instant cargo storage contract.

C. On April 1, 2015, the Plaintiff and Liber Co., Ltd. (the period from April 1, 2015 to March 31, 2016) and on May 1, 2015.

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