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(영문) 서울중앙지방법원 2015.03.13 2013가단5113711
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, and Defendant C, respectively, constituted KRW 4,528,571 and each of the said money from October 12, 2012.

Reasons

1. Basic facts

A. On November 23, 2011, the Plaintiff entrusted E with the transport and storage of the Plaintiff’s household effects and other things (hereinafter “the instant household effects”).

At the time, the plaintiff paid 250,000 won of storage fees for each month to E on the 25th of each month.

B. On April 2012, the Plaintiff paid custody fees to E in March 2012 and did not pay custody fees after the last payment.

On October 2012, E disposed of the instant news that had been kept in custody as early as of early as of October 2012, and the Plaintiff recovered some of its products, such as cooling, washing, air conditioners, TV, and audio equipment.

C. On August 10, 2013, E died on August 10, 2013, and E’s husband, Defendant C, and D inherited E’s property.

[Ground] Facts without dispute, Gap 1-3 evidence, the purport of the whole pleadings

2. Establishment of liability for damages;

A. The ground for recognition of liability lies in the Plaintiff’s keeping of the instant article through a storage contract, and thus, in spite of a good manager’s duty to keep the article, E arbitrarily disposes of it, thereby causing damage to the Plaintiff. Therefore, it is liable for compensating the Plaintiff for damages arising from tort.

Therefore, the Defendants, the inheritor of E, are liable for damages to the Plaintiff according to their inheritance shares.

B. In light of all circumstances, such as the Plaintiff’s payment of storage fees to E only up to March 2012, and the Plaintiff’s subsequent payment of storage fees, and the Plaintiff’s personal circumstance from July 2012 to the time when E disposes of the instant objection, etc., the Plaintiff’s above negligence contributed to the occurrence of the instant damage, thereby limiting E’s responsibility to 70% in consideration of this.

3. Scope of damages.

A. In a claim for damages arising from a property damage lawsuit, it is recognized that the occurrence of property damage is recognized, but it proves the specific amount of damage.

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