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(영문) 부산지방법원서부지원 2019.11.20 2017가단109579
손해배상(기)
Text

1. The plaintiff's rehabilitation debtor B shall confirm that the amount of rehabilitation claims is KRW 98,386,667;

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. On April 17, 2017, the Plaintiff and D Company operating a personal business entity called “C” entered into a contract for transfer and takeover of business with the content that the Plaintiff Company comprehensively takes over the rights and obligations of “C” with D’s personal business chain.

From April 3, 2017 to July 19, 2017, Defendant produced goods indicated in the [Attachment List (10 items: hereinafter “instant goods”) and entrusted the storage of said goods to the Defendant’s freezing storage.

B. From September 8, 2017, the Plaintiff commenced the sale of the instant goods stored in the Defendant’s freezing warehouse, and was requested from the buyer for return on the ground that mycoa in the instant goods occurred.

C. Accordingly, the employee of the Plaintiff Company visited the Defendant’s freezing warehouse to confirm the instant goods, and did not keep the instant goods in freezing condition, thereby losing the value of the instant goods as goods due to deterioration.

In order to keep the instant goods in freezing, the Defendant’s freezing warehouse should maintain the temperature below -18°C, but the Defendant did not keep the said temperature due to the Defendant’s failure to properly operate the freezing equipment, etc. of the freezing warehouse.

E. The debtor B filed an application for commencing rehabilitation procedures with the Changwon District Court 2018dan10023, and on July 24, 2018, the said court decided B as the debtor’s custodian, instead of appointing a separate administrator, upon deciding the commencement of rehabilitation procedures with respect to the debtor B.

(B) On August 21, 2018, the Plaintiff’s damage claim based on the freezing consignment contract ( principal amounting to KRW 131,192,00, interest amounting to KRW 13,640,374, and interest amount at the rate of 15% per annum on the principal amount after the decision on commencement of rehabilitation procedure) in the above rehabilitation case.

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