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(영문) 서울중앙지방법원 2020.07.08 2017가단5065735
손해배상(기)
Text

1. The Defendants jointly share KRW 200,000,000 with respect to the Plaintiff, and Defendant B Co., Ltd. from February 17, 2017.

Reasons

1. Facts of recognition;

A. On July 23, 2014, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a freezing warehouse storage contract 1) on July 23, 2014.

(B) The term “this case’s storage contract” refers to the freezing storage contract under which the borrower company will store livestock products provided as security to the Plaintiff in the freezing warehouse owned by Defendant B (hereinafter “this case’s storage contract”).

2) The storage contract of this case contains the following contents:

Article 6 (Procedures for Entry and Shipment)

1. During the contract period, Defendant B is obligated to comply with the entry and release of goods at any time during the fixed working hours.

Article 7 (Inventory and Quality Control)

1. The plaintiff's product inventory and quantity inventory kept in the warehouse shall be implemented in consultation between the defendant B and the plaintiff;

In addition, Defendant B may not release it out without the direction of the Plaintiff.

3. As to the inventory entrusted by the Plaintiff, Defendant B shall verify whether customs clearance has been cleared and indicate it in the transfer confirmation, inventory confirmation, etc.

Article 9 (Compensation for Damages) Defendant B shall compensate for the amount of damages when the amount of damages is incurred to the Plaintiff due to the occurrence of any of the following matters:

1. The amount of damage inflicted on the Plaintiff due to the Defendant B’s negligence, fire, theft, etc.

2. Customs clearances on a warehouse issuance certificate, such as a transfer confirmation and a inventory certificate, and responsibilities and losses arising from the indication of unregistered customs clearance;

3. Other damages caused by reasons attributable to the defendant B.

B. On February 18, 2016, the Plaintiff entered into a transfer security contract between the Plaintiff and D Co., Ltd. (hereinafter “D”).

In addition, D entered into a credit transaction agreement with the purport that it will provide funds as security for the livestock products stored in the freezing warehouse. 2) D will provide the Plaintiff on August 24, 2016 and August 25, 2016, and D will provide the livestock products stored in Defendant B as security for transfer under the said credit transaction agreement.

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