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1. Revocation of the first instance judgment.
2. The plaintiff's claim (including the part extended by this court) is dismissed.
3. Action.
Reasons
1. Basic facts
A. Lawsuit 1 between the network B and E (hereinafter “the network”). The network B (hereinafter “the network”).
(2) On October 1, 2012, the Deceased purchased electric 1,50 sets of container 17,26,32,33,52, and 57, among the container stores located in Daegu-gu G, Daegu-gu, and received delivery of the above goods by means of changing the locks of the warehouse into one’s own after purchasing at KRW 53,00,000, an electrical 150 sets of container 1,500 and temperature control devices kept in the container storage. (2) On November 1, 2012, the Deceased entered into a storage contract with E to pay the storage fees of KRW 150,000 per month for the container and deposit of the goods without setting the period.
3) At around 18:00 on November 5, 2012, F: (a) destroyed three consent locks among the container stored in the foregoing electrical set, and stolen them with the door of 600 copies of the electric set, which were inside the set. F was convicted on July 17, 2014 by the Daegu District Court (Tgu District Court 2013Dadan899), and the said judgment became final and conclusive as is, F’s withdrawal of appeal; (b) The Deceased filed a lawsuit against E for compensation on the ground of a deposit manager’s breach of the fiduciary duty under the commercial deposit contract, and was sentenced to some favorable judgment (Tgu District Court 2014Ma2812, hereinafter “related judgment of the first instance judgment”).
Accordingly, E appealed. On April 27, 2016, the appellate court accepted the claim that E keeps the instant electrical sets in the two Dongs of container warehouses, and thus offset the deceased’s claim for storage fees by the claim for storage fees. On November 1, 2012 to March 30, 2016, E offsets the claim for storage fees from November 1, 2012 to March 30, 2016, and issued a judgment of partial winning the judgment (Seoul District Court 2015Na10729) to the effect that, from March 31, 2016 to April 27, 2016, E is liable to pay the deceased 10,674,612, and the amount calculated by 20% per annum from the next day to the date of full payment (the final appeal of July 29, 2016).