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(영문) 대전지방법원서산지원 2016.01.27 2015가단559
창고보관금
Text

1. The Defendant: (a) KRW 7,00,000 and the Plaintiff’s annual rate from July 10, 2014 to January 27, 2016; and (b) January 28, 2016.

Reasons

1. On July 2013, the Plaintiff asserted that the Defendant deposited the Defendant’s Mayman on the low-ion warehouse operated by the Plaintiff.

From July 1, 2013 to February 28, 2014, the period of deposit was set at 200 won per 1 km.

The sum of the amounts actually deposited by the Defendant is 26,00,000 won (i.e., 130,000 x 200 won/km) since it was not 30 square meters of warehouse but 1 warehouse.

The defendant paid only KRW 3,000,000 to the plaintiff.

Therefore, the defendant should pay to the plaintiff KRW 23,000,000 and damages for delay.

2. Determination

A. The Plaintiff’s assertion is insufficient to be recognized solely on the basis of the written evidence Nos. 1 and 2 of the judgment as to the cause of the claim and the witness B and C’s testimony, and there is no other proof by the Plaintiff to prove it.

B. The part that the defendant is the person that the defendant is the person that: (a) the defendant deposited 63,320 km to the plaintiff; (b) the defendant deposited 63,320 km to the plaintiff; (c) the storage fees during the period of deposit consisting of 200 kg per annum; and (c) the storage fees that the defendant should pay to the plaintiff after deducting all kinds of expenses and the amount of damages; but (d) the defendant proposed to pay KRW 10,00,000 to the plaintiff; and therefore, (e) the part favorable to the plaintiff among the facts that the defendant is the person that the defendant is the person

3. In conclusion, the Defendant is obligated to pay the Plaintiff the amount of KRW 7,00,000,000, which is paid as storage fees, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from July 10, 2014 to January 27, 2016, which is the date of the instant judgment, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 28, 2016 to the date of full payment.

The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition.

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