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(영문) 창원지방법원 2020.11.12 2019나63550
손해배상(기)
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

Facts of recognition

A. A. Around June 2018, the Plaintiff entered into a sales contract with the Defendant, accordingly, the Defendant had been in custody of the Plaintiff at his own low temperature warehouse (hereinafter “instant warehouse”).

B. The Defendant processed and sold part of the above increase in the number of 1,05,285,00 won as of November 27, 2018. In this regard, sales proceeds are KRW 105,285,00, ② processing expenses are KRW 17,866,00 [=14,796,000,00 (=24,660km x 20 km x 1,233 x 600 won per km) seed processing expenses 3,070,00 won (1,890,000 won on September 18, 2008) and KRW 1,890,180 on September 29, 2018. The amount paid by the Defendant to the Plaintiff is KRW 30,700,000,000 paid to the Plaintiff [30,000 won on September 1, 208].

[See A. (Evidence No. 2) written by the Defendant, as shown in the attached Form] (C).

On December 24, 2018, the Defendant’s creditor (G) was subject to a provisional disposition prohibiting the transfer of possession of corporeal movables in the warehouse of this case (Cunwon District Court Decision 2018Kadan424), and the enforcement officer executed the execution on December 24, 2018.

On January 5, 2019, the Plaintiff, which was kept in the warehouse of this case, carried 10,490 g of the Plaintiff’s 10,490 g, and the Plaintiff could sell only 6,540 g 20 g x 327 g among the maths.

At KRW 13,828,490, the Plaintiff received KRW 9,904,490, which settled processing costs of KRW 3,924,00 ( KRW 600 per Kg 6,924,000 ± 6,540 km).

E. Around the time when the Plaintiff sold 6,540km, the unit price for each short-term motor vehicle is KRW 2,700 on the basis of heavy goods. The Plaintiff received KRW 2,100 per km 13,828,490 for the short-term motor vehicles of the above 6,540km ± 6,540km.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 9, 10 evidence, Eul evidence 1, Eul evidence 1, witness D of the first instance court, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition on the claim for the increase in the payment amount, as of November 27, 2018, the Defendant’s payment for the increase in payment to the Plaintiff as of November 27, 2018 = 14,419,000 won after the settlement of accounts = sales price 105,2

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