(영문) 서울고등법원 2016.09.01 2015나17342

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(영문) 서울고등법원 2016.09.01 2015나17342

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 8, 2011, Nonghyup Distribution Co., Ltd. and Nonghyup Co., Ltd. Co., Ltd. (hereinafter “Agricultural Co., Ltd”) entered into a storage contract with the Plaintiff to entrust the Defendant with freezing storage and management of livestock products owned by Nonghyup Distribution Co., Ltd. (hereinafter “instant storage contract”). On August 8, 2012, Nonghyup Distribution Co., Ltd entered into an additional agreement with the Plaintiff regarding the said storage contract by setting the term of contract from August 8, 2011 to October 31, 2012, to “12-year-old futures sets” in preparation for the expiration of the said storage contract with the Plaintiff.

B. On August 22, 2012, the Plaintiff entered into a deposit contract between the Plaintiff and the Defendant, as seen above, gift sets of livestock products owned by the Defendant and the Plaintiff, which were entrusted by the Plaintiff from the distribution of agricultural cooperatives (amounting to 600,073,780 won in the Plaintiff’s account book; hereinafter “instant gift sets”).

1) The warehouse 152-2 (hereinafter referred to as the “instant warehouse”) in the Republic of Korea of the Defendant in South-do.

(2) The deposit contract of this case (hereinafter referred to as "the deposit contract of this case") to be kept in custody.

After the conclusion of the contract, the above gift set was delivered to the defendant, and the defendant entered and kept the set of 101 on the first floor below the above warehouse. 2) The defendant's liability for damages and its immunity are as follows.

Article 8(Immunity) 1.B (Defendant; hereinafter the same shall apply) shall be liable only when the deposited goods are stored at the place of deposit, and shall not be liable for any damage to the deposited goods that may be discovered before or after the time of storage.

2. Where the amount of damage has been caused by the intention or negligence of Eul (hereinafter the same shall apply) resulting from a frustrating in the business affairs of Gap, the full amount thereof shall be compensated;

In addition, the accident occurred due to force majeure such as natural disaster or fire.

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