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(영문) 서울북부지방법원 2016.09.28 2016가합21388
손해배상(기)
Text

1. The Defendant’s KRW 130,338,688 as well as 5% per annum from June 9, 2016 to September 28, 2016 to the Plaintiff.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Grounds for judgment: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The comparative negligence set-off system under the Civil Act in part of a set-off period is intended to take account of the obligee’s equivalent care as to the occurrence of damages, in a case where the obligee fails to fulfill his/her duty required under the good faith principle, and the obligee’s equivalent care is to take into account. Thus, even if a simple negligence is made, if the damage was incurred or expanded due to such failure, it shall be deemed that there was negligence on the part of the aggrieved party. Even if the obligor does not assert the fault of the injured party, if

(1) In light of the circumstances revealed during the pleading of the instant case, the Defendant’s liability as to the Plaintiff’s damage is limited to 60% by taking account of the following: (a) the Plaintiff, ex officio, entrusted the inventory management of alcoholic beverage products to the Defendant and neglected inventory management; and (b) the Plaintiff neglected inventory management.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 15% per annum under the Civil Act from June 9, 2016 to September 28, 2016, the date following the delivery date of a copy of the complaint of this case, which is the day when the Defendant delivered the copy of the complaint of this case to the day when the payment is made, to the Plaintiff, for the damages for delay at each rate of 130,338,68 won (217,231,147 won in shortage) and 60% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the full payment.

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