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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The plaintiff shall bear 40% of the total costs of the lawsuit.
Reasons
A. The Plaintiff filed an application for conciliation against the Plaintiff for the delivery of corporeal movables (Seoul District Court Decision 2018Ms2559, 2018Ms50166, Seogu District Court Branch Decision 2018Ms50166, Seogu District Court Branch Decision 2018). The Plaintiff’s written response submitted on August 16, 2018 was served, and the instant goods were sold during the instant auction procedure.
6) Accordingly, on August 22, 2018, the Defendant paid the Plaintiff a storage fee of KRW 5,300,000 to the Plaintiff, and drafted a written agreement with the Plaintiff as follows. The Defendant, as of August 22, 2018, paid the Plaintiff a storage fee of KRW 5,300,000 to the Plaintiff for temporary payment of KRW 5,30,000 as of August 22, 2018. Since the Defendant’s payment of storage fees to the Plaintiff is a dispute over the amount of money based on the Plaintiff’s unilateral assertion, the Defendant agreed to return the difference after confirmation of the amount of storage fees according to the result of a civil lawsuit related to the storage fees. (i) The Defendant filed an appeal for subsequent completion with the court of first instance on August 27, 2018, and then filed a lawsuit against the Plaintiff for the return of storage fees and the compensation for damages of KRW 309,000,000 as of March 14, 2019.
(Seoul District Court 2019 Ghana213468). On April 6, 2019, the above court rendered a decision of performance recommendation upon the Defendant’s request, and it became final and conclusive as it did not raise any objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6, 8 through 10, 23 through 26 (including branch numbers for which there are branch numbers), and the purport of the whole pleadings
B. The Plaintiff’s assertion 1) The Plaintiff agreed with the Defendant that the storage fees from January 18, 2014 to January 18, 2014 were KRW 125,00 per month, but the storage fees from January 18, 2014 were KRW 200,00 per month (Evidence 1, however, the Defendant).