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(영문) 창원지방법원마산지원 2015.10.21 2015가단100863
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a deposit contract with the content that the capital harvested by the Plaintiff is kept in the agricultural product storage warehouse located in the Gyeong-gun, Gyeongnam-gun (hereinafter “instant deposit contract”) and set the remuneration of KRW 17 million.

B. From June 23, 2013 to June 28, 2013, the Plaintiff entered capital reduction of 6,521 pots in the storage warehouse in accordance with the instant storage contract, and released all from October 1, 2013 to February 5, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 and 4 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Plaintiff’s assertion was delivered and sold after shipping the capital, due to the Defendant’s mistake in the custody of the capital, the reduced capital was returned to 3,325 kilograms, and the destroyed capital amount reaches KRW 4,1650,000,000,000,000,000 won.

Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 3,570,000,000 for the amount of remuneration under the instant bailor contract, which is equivalent to the ratio of KRW 33,325 kilograms of the discarded capital out of KRW 163,025 kilograms of capital, which was entered into pursuant to the said 4,165,0

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the maximum amount of 33,325 kilograms of capital reduction, which was put into custody under the instant deposit contract, was not sufficient to recognize or specify the maximum amount of capital reduction, and there is no evidence to acknowledge otherwise.

Rather, according to the overall purport of Gap evidence 2, 3, Eul evidence 3, 4, 5-2, and evidence 5-2, and the testimony and arguments of witness D, the plaintiff paid the defendant the remainder of the remuneration of the deposit contract of this case 7 million won on November 6, 2013, which was later than one month from the time when the plaintiff released 1,008 pots of October 1, 2013, and 1,120 pots of this case on October 2, 2013, and the plaintiff stored separately on February 3, 2013.

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