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(영문) 창원지방법원밀양지원 2014.08.20 2010가단2871
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 defendant is an incorporated farming association that keeps goods produced by its members and operates a warehouse in the Gyeong-gun, Gyeong-Gun, and D is an employee of the defendant who has been engaged in the duties of warehouse management by issuing a certificate of entry and issuance while managing the storage and delivery of goods stored in the warehouse operated by the defendant. The plaintiff is a farmer.

B. The plaintiff entered into a bilateral wave storage contract with the defendant and 1,127 net on June 8, 2009, and the same month on the defendant's cold storage.

9. The two-wave 504 network, the 12th day of the same month, the 283 network (the two-wave 1 network shall be 20km), the combined 1,914 network.

[Reasons for Recognition] 1 to 6 Evidence A (including paper numbers), D self-examination result, the purport of the whole pleadings

2. Since D, an employee of the Plaintiff’s assertion, was disposed of at the early March 2010 from the 1,550 net 1,00 won owned by the Plaintiff and the Defendant’s obligation to return the deposited goods to the Plaintiff was impossible, the Defendant, a warehouse business operator, is obligated to compensate the Plaintiff for damages due to nonperformance liability under Article 160 of the Commercial Act or user liability under Article 756 of the Civil Act, and even if D, with the Plaintiff’s consent, disposed of the quantity of derivatives owned by the Plaintiff, it is related to the execution of the Defendant’s business. Thus, the Defendant is obligated to compensate the Plaintiff for damages based on the employer’s liability under Article 756 of the Civil Act. The amount of damages is equivalent to the above Defendant’s obligation to compensate for damages and the Defendant’s obligation to compensate for damages against the Plaintiff, 4,505,250 won, 250 won, 2505 won, 2505 won, 2505 won, 2005 won, 2505 won, 2005 won.

3. The judgment of Gap 1 to 6 (including paper numbers), D.

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