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Reasons
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(영문) 춘천지방법원원주지원 2015.11.27 2015가단33990
손해배상(기)
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1. The defendant shall pay KRW 500,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. One of the costs of lawsuit;

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who rescues and treats abandoned garments.

B. On March 28, 2015, the Plaintiff drafted a contract with the Defendant in the same manner as the attached Form (hereinafter “instant contract”) and delivered the instant order to the Defendant.

C. On June 2015, the Plaintiff asked the Defendant to know of the instant high age, but the Defendant avoided the answer and sent a cell phone message as shown in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 19, purport of the whole pleadings

2. The parties' assertion

A. Despite the provision that the instant high interest should not be transferred to a third party to the Plaintiff’s instant contract, the Defendant transferred the instant high interest to a third party. As such, the Defendant is obliged to pay the Plaintiff the amount calculated at the rate of KRW 100,000 per day from June 18, 2015, demanding the Plaintiff to return the high interest pursuant to the instant contract, until the delivery date of the instant high interest.

B. The defendant did not transfer the family of this case to a third party, but lost it.

This is not a breach of the instant contract.

In addition, the instant contract is null and void as a juristic act contrary to good morals and other social order, or null and void as it is against the principle of trust and good faith, or as it constitutes an abuse of rights, or is null and void as a juristic act which has considerably lost fairness due to the defendant's old morals, ra

Even if it is not so, the content that the height of the structure's right clause shall be paid in 100,000 won a day until the return date (hereinafter "instant payment agreement") shall be reduced because it is unfairly excessive as the liquidated damages.

3. Determination

A. As seen earlier, whether the Defendant transferred or lost garments, the Defendant is as shown in the separate sheet.

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