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(영문) 수원지방법원 2019.10.15 2018나87460
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by Gap evidence Nos. 1, 2, 3, 7, 8, 9 (including each number), Eul evidence Nos. 2 and Eul evidence Nos. 2, and the testimony of the witness C at the trial.

A. A. On May 2014, the Plaintiff, a company selling raw materials, such as non-water and waste acid, concluded a goods storage contract with the Defendant, a warehouse business entity, and kept the raw materials, such as non-water and waste acid, imported by the Plaintiff in the Defendant’s warehouse prior to the sale thereof.

B. On November 28, 2017, the Plaintiff received an order from D Co., Ltd. (hereinafter “D”) to 17,000 kilograms free of charge, and on November 30, 2017, the Plaintiff issued an order to deliver 5,000 kilograms free of charge among the raw materials imported by the Plaintiff to the Defendant and stored in the Defendant’s warehouse to E (hereinafter “E”), a processing and packing company (hereinafter “E”).

The Office was Cheong.

C. However, around that time, the defendant delivered the plaintiff from the defendant's warehouse.

Before shipping 5,000 kilograms 5,000 g, which is not Cheongmansan 5,000 g, it was delivered to E.

In addition, E, without gathering the circumstance that the raw materials delivered by the Defendant are Oral acid, not Oral acid, rather than Oral acid, was packed 24,100 gg by mixing the above Oral acid with the non-fluent acid delivered by another company and supplied D.

D Recognizing that the above mixtures 24,100 km supplied through E is mixed with Gulorates in 24,100 g, and around December 11, 2017, E was required to return them by giving defective treatment notice to E.

E. Meanwhile, on or around December 13, 2017, the Plaintiff, D, and E confirmed that the property damages incurred by the instant mixture amounting to KRW 29,884,00 for the raw material value of the instant mixture; KRW 4,366,920 for the packing material value of the mixture; KRW 4,820,00 for the mixture and packing material value; KRW 39,070 for the mixture and packing material processing cost (= KRW 29,84,820 for KRW 4,36,920 for KRW 4,86,920 for KRW 4,84,000 for the Plaintiff’s raw material value of the mixture; KRW 4,36,920 for the packing material value; and KRW 9,920 for the Plaintiff’s packing material value; and

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