logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.07 2016가단100973
컨테이너 인도 청구 등
Text

1. Defendant C Co., Ltd.:

(a)goods stored in 11 containers above ground D in Namyang-si;

Reasons

1. Facts of recognition;

A. On March 2013, the Plaintiff operating a warehouse business: (a) entered into a container use agreement with Defendant C (hereinafter “Defendant Company”); (b) that, without setting a period, the Defendant Company entered into a container use agreement (hereinafter “instant agreement”) with the content that, without setting a period, the Plaintiff shall receive 11 of the Plaintiff’s container containers owned by the Plaintiff, which were installed on the ground of Namyang-si, Namyang-si, and shall pay 40,000 won per container as storage fees to the Plaintiff.

B. From October 4, 2013 to May 5 of the same month, Defendant Company entered 11 of the above container (hereinafter “instant first container”) with clothing and other articles.

C. The Plaintiff moved the place of business from Namyang-si, Namyang-si to D, and the Defendant Company, at its own expense from April 18, 2014 to April 19, 201, stored the goods, such as clothing, which were stored in the first container of this case, in the new place of business (the 5th floor, the 6th floor, the 2th floor, the 2th "the second container of this case" and the 1 and the 2th container of this case collectively referred to as "each of the instant containers").

Defendant Company paid to the Plaintiff the sum of KRW 380,00,000,000 on October 22, 2013, KRW 400,000 on November 29, 2013, and KRW 1,980,00 on February 27, 2014, and did not pay the storage fees any longer.

E. On December 30, 2015, the Plaintiff expressed his/her intent to terminate the instant contract on the grounds of delinquency in storage fees, etc. over several occasions, such as sending content-certified mail to the Defendant Company.

F. Meanwhile, the Defendant Company: (a) locked the instant container 2 container 11; and (b) keeps the keys thereof.

[Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. According to the above facts of determination as to the cause of the claim, the contract of this case is legitimate on the ground of the delinquency in payment of the storage fees of the defendant company.

arrow