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(영문) 창원지방법원마산지원 2015.10.08 2014가단17216
보관료
Text

1. Defendant B’s KRW 31,260,00 and the Plaintiff’s annual rate of KRW 6% from June 1, 2014 to March 28, 2015, as well as the following.

Reasons

1. Facts of recognition;

A. Defendant B was a person engaged in the wholesale business of agricultural products, and since about 10 years ago, agreed to pay storage fees in accordance with the table of recommendation rate of cooling equipment set by the Plaintiff and the Korea Agricultural Products Refrigerator Association, and kept agricultural products in low temperature warehouses operated by the Plaintiff.

B. Defendant B: (a) entrusted the sale of agricultural products stored in the Plaintiff’s warehouse to the Trade Council for Agricultural Products in the name of Defendant C; and (b) received the payment through the account in the name of Defendant C.

C. From June 9, 2013 to June 30, 2013, Defendant B stored capital reduction of 8,970 g (20 kms per 20 kms) in the Plaintiff’s warehouse. From March 2014, Defendant B released 770 gs around 3,990 gs, around April 2014, and around May 2014.

The storage fees of capital reduction of 20 km for the period of December 2014, which is the basic rate of 20 km per 20 km, and the carryover rate of 300 won per 20 km, and the storage fees of capital reduction kept by Defendant B, as described in paragraph (a), to the Plaintiff according to the recommendation rate table for cooling equipment, are calculated in accordance with the above recommendation rate table (4,210 x 3,300 won) (3,90 x 3,60 won) (70 x 3,600 won) (70 x 3,90 won).

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 to 13 evidence (including provisional number), witness D, E's testimony, the purport of the whole pleadings

2. Defendant B directly traded with the Plaintiff in custody in capital reduction. Defendant C shall jointly and severally pay to the Plaintiff 3,1260,000 won of storage fees and damages for delay calculated at the rate of 6% per annum from June 1, 2014 to the delivery date of a copy of the instant complaint, and 20% per annum from the next day to the date of full payment.

3. Judgment by public notice on the claim against Defendant B (Article 208 (3) 3 of the Civil Procedure Act)

4. Article 24 of the Commercial Act, which permits a person to run a business using his name or trade name, against Defendant C, is against a third party who trades his name or trade name by mistake as the business owner.

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