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(영문) 서울남부지방법원 2017.10.27 2017나57170
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

(b) the facts of the basis;

A. On August 31, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease of containers owned by the Defendant.

The Plaintiff used the aforementioned container as a warehouse that keeps the rotopy digital emulsium (hereinafter referred to as “physical relay”) owned by the Plaintiff.

B. However, on June 14, 2016, the Plaintiff’s employee laid up a container to supply the weight system to the customer, but became aware that some of the weight system was damaged due to the occurrence of leakage in the container storage room, etc.

C. On June 14, 2016, the Plaintiff’s employees B and the Defendant confirmed the body frame damaged by water leakage, which affixed the same seal, and written the following documents:

(No. 6-1, No. 6-1, No. 1, and No. 1). Total quantity of damage to products due to the leakage of container: 731 Bax (1 Bax) : 445 Bax : 286 Bax (1,44) * total product price of KRW 22,880,00 (VAT Map) per unit price of KRW 22,880,00 per unit price (5 AT Map). D.

After the preparation of the above document, the defendant sent a telephone call with the representative director of the plaintiff, classified the plaintiff's normal/ordinary products into 14,300 won per unit (including value-added tax) after verifying the same, and agreed to compensate for the abnormal products. On June 16, 2016, the defendant drafted a "certificate of payment of compensation for damage" as follows:

(No. 6-2, No. 2, and No. 2). The representative of C Container Storage Co., Ltd. (Defendant) in the certificate of compensation for damages will pay the following monetary damages incurred by the Plaintiff due to the leakage of goods storage until June 14, 2016.

* Product Name: Roster 1,144 unit price: 14,300 won (including VT) total quantity 1,144 up to June 24, 2016 after inspecting products at C container storage units and classifying them by up to June 24, 2016.

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