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1. Defendant C’s KRW 9,787,096 for the Plaintiff and KRW 5% per annum from May 23, 2017 to May 2, 2018.
Reasons
1. Basic facts
A. From October 201, Defendant B leased and used E-dong, F-dong and G-dong (hereinafter “instant warehouse”) among seven above-ground warehouses D in Goyang-dong-dong-dong-gu, U.S. from Defendant C from around October 201, and installed the partitions and three-dimensional electric facilities for filling for fork (hereinafter “instant facilities”) in the instant warehouse.
B. On August 3, 2015, H stipulated a special clause that “The instant warehouse was leased from Defendant C with a deposit of KRW 10 million, monthly rent of KRW 1 million, and the period of KRW 1 million from August 15, 2015.”
H From August 2015, from around the instant warehouse, engaged in the business of printing cupped World Cup in the instant warehouse, and waived the business from around five months to December 2015.
C. On January 29, 2016, the Plaintiff leased the instant warehouse from Defendant C under the same conditions as H (the starting date of the lease was February 1, 2016) and paid KRW 10 million as the lease deposit to Defendant C on the same day.
Around February 1, 2016, the Plaintiff moved into the warehouse of this case and moved out on May 2016, and thereafter, he/she continued to reside in the Philippines on December 2016 and returned to the Republic of Korea on the same month.
6. All the goods in the warehouse of this case shall be lost.
From the same day, Defendant B occupied and used the warehouse of this case.
[Grounds for Recognition: Each entry of Gap evidence 1, Eul evidence 1, Gap evidence 6-1, 2, 3, Eul evidence 1 and 2, and the purport of whole pleadings]
2. Assertion and determination
A. On February 1, 2016, the Plaintiff asserted as to Defendant B’s assertion that Defendant B had been in custody in the warehouse of this case at the time the Plaintiff moved into the warehouse of this case on February 1, 2016 for the purpose of engaging in the printing business with its partners and cups, and Defendant B demanded that the goods be entirely carried out.
Defendant B continues to comply with it and passed by April 2016.