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(영문) 의정부지방법원고양지원 2019.09.20 2019가단77015
사용료
Text

1. The defendant shall be the plaintiff.

(a) are being kept in D-containers among the ground containers of Gyeyang-gu Yangyang-gu C;

Reasons

1. In full view of the judgment as to the cause of the claim, the fact that there is no dispute, and the purport of the entire pleadings in the statement No. 1 of the evidence No. 1, the Defendant entered into a container warehouse contract with the Plaintiff on January 16, 2017 by setting the storage fees for corporeal movables owned by the Defendant as KRW 90,00 per month; the Plaintiff received corporeal movables from the Defendant on the same day, and kept them in the D container among the corporeal C-Saunyang-gu Seoyangyang-gu, Seoyangyang-gu; the Defendant failed to pay the above storage fees to the Plaintiff; the Plaintiff’s intent that the Plaintiff terminated the above custody contract on the ground of the unpaid storage fees of the Defendant; and the fact that the duplicate of the complaint of this case, which contained the purport

According to the above facts, since the above custody contract was terminated by the plaintiff's lawful exercise of the right to terminate the contract, the defendant is obligated to collect the above corporeal movables under the plaintiff's custody from January 16, 2017 to March 15, 2019, and 2,340,000 won (=90,000 x 26 months) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 1, 2019 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiff. The defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the storage fees or storage fees calculated at the rate of 90,00 won per month from March 16, 2019 to the day of completion of the above corporeal movables collection.

2. The defendant's argument regarding the defendant's assertion that the plaintiff notified the defendant that he disposed of corporeal movables in custody, and that it was at least waived the claim for storage fees after the above notification, and therefore, the plaintiff's claim for storage fees is unreasonable.

The plaintiff declared a conclusive declaration of intention that can be interpreted as destroying the corporeal movables owned by the defendant and abandoning the claim for storage fees in the future.

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