(영문) 부산지방법원 2017.02.15 2016가합46195

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(영문) 부산지방법원 2017.02.15 2016가합46195

보험금

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1. The Defendant’s KRW 393,928,010 for the Plaintiff and KRW 6% per annum from March 1, 2016 to July 18, 2016.

Reasons

1. Basic facts

A. Article 4 (Ownership and Keeping and Management of Entrusted Articles)

1. The steel bars and processed semi-finished products and finished products delivered by the Plaintiff (hereinafter “entrusted products”) are all owned by the Plaintiff, and the ELS shall be kept only for the processing of the products, and the ELS shall be returned to the Plaintiff immediately in the event of a cause for return, such as cancellation or termination of the contract, termination of the contract, and request for return of the Plaintiff.

2. Where it is impossible to return the steel in kind near the steel industry, the value of the steel industry shall be calculated on the basis of the price of the ethyl factory in the month when the cause for return occurred.

Article 7 (Duty of Good Faith) ELSethyl shall keep the processed goods at the care of a good manager from the time the goods were delivered from the Plaintiff for the purpose of processing to the time the processed goods were delivered to the original place and the processed goods were delivered to the original place, and shall take measures to preserve the quality of the processed goods at the care of a good manager. ELSethyl shall compensate for the damages caused by the cause attributable to ELS, such as negligence in handling ELS et al.

Article 8 (Prohibition of Disposition and Conversion)

1. ELS shall not engage in any act of disposal, such as transfer, sublease, loan for consumption, provision of security, etc., of consigned goods received from the plaintiff;

When violating this, all damages incurred to the plaintiff shall be compensated for.

Article 15 (Payment for Processing)

4. In the event that the Plaintiff suffered damage in violation of the contract, the Plaintiff may exercise his/her right to defense of simultaneous performance without paying that the amount of the pertinent damage is equivalent to the amount of the pertinent damage until the amount of the damage is paid to the Plaintiff.

In such cases, ELN cannot claim the Plaintiff to pay the interest in arrears pursuant to paragraph (1) for the processing reserved for payment.

On September 2, 2014, and October 6, 2014, the Plaintiff is between ELS Co., Ltd. (hereinafter “ELS”) and ELS (hereinafter “ELS”).

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