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(영문) 서울중앙지방법원 2016.05.27 2015가합537726
손해배상(기)
Text

1. The Defendant’s KRW 79,077,885 for the Plaintiff and KRW 5% per annum from June 23, 2015 to May 27, 2016.

Reasons

Facts of recognition

The ownership of the deposited articles kept by the plaintiff under Article 2 (Subject to Liability) of the conclusion of the Bailment contract of this case belongs to the plaintiff, and the responsibility of custody belongs to the defendant.

Article 3 (Period of Contract) The period of this Agreement shall be from 8 August 2011 to 7 August 2012.

Article 4 (Keeping and Management of Goods) (1) The defendant shall actively cooperate with the plaintiff and perform his/her duties as a good manager so that he/she can perform his/her duties smoothly in the storage of goods, confirmation of inventory quantity, reasonable temperature management of storage storages, etc.

(2) A bailed shall be kept and managed by the defendant from the date of storage to the date of shipment.

Article 8 (Liability for Damages and Accidents) (1) When there occurs a shortage in stock due to the failure of the defendant's management, such as loss, damage, theft, loss, deterioration, pollution, etc. of goods, the defendant shall compensate the plaintiff in full.

(2) If the amount of damage is caused by the defendant's intentional or negligent failure in performing his/her duties, the full amount thereof shall be compensated.

In addition, with respect to the occurrence of an accident caused by force majeure such as natural disaster or fire, the defendant shall subscribe to the insurance mutual aid and compensate the plaintiff for damages.

(3) Compensation for the amount of losses suffered by the plaintiff shall be based on the price of the relevant goods owned by the plaintiff, and shall be calculated by the amount of losses computed by the plaintiff.

On August 8, 2011, the Plaintiff entered into a deposit contract with the Defendant with the terms that the Defendant entrusts the Defendant with freezing custody of livestock products owned by the Plaintiff (hereinafter “instant deposit contract”).

The main contents of the instant deposit contract are as follows.

From August 2012 to October 31, 2012 in preparation for the expiration of the period of the deposit contract with the defendant, the plaintiff is "the gift set of this case" of this case from August 8, 2011 to October 31, 2012.

The Additional Agreement on the Deposit of this case is set forth as "."

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