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(영문) 광주지방법원순천지원 2016.01.14 2014가합13939
손해배상(기)
Text

1. Defendant C’s KRW 43,556,040 and the Plaintiff’s annual rate of KRW 6% from November 25, 2014 to January 14, 2016, and the following.

Reasons

1. Basic facts

A. On December 19, 201, the Plaintiff entered into a contract with Defendant A, a corporation substantially operated by Defendant B (hereinafter “Defendant A”), under which the Plaintiff would keep rice without agricultural chemicals to be put in the warehouse of the Defendant corporation in Jeonnam-gun (hereinafter “instant warehouse”) (hereinafter “instant storage contract”), and drafted the following contract (hereinafter “instant storage contract”).

Article 6 (Liability of Custodians)

1. The defendant shall faithfully perform the duty of custody with the care of a good manager as at the time of storage of the stored goods;

Article 8 [Deposit of Goods in Custody] The defendant shall submit to the plaintiff a cargo storage certificate or warehouse receipt stating the date of storage, items and quantity, defects and other necessary matters after having entered the plaintiff's goods in the warehouse.

Article 11 [Duty to Keep Inventory Quantity] The defendant shall keep a record of the entry and withdrawal of the cargo in custody, and shall submit a monthly entry and withdrawal and a monthly report on the present status of the inventory at the end of the month or at the request of the plaintiff.

B. Around that time, the Plaintiff and Defendant C agreed that Defendant C purchased rice without agrochemicals to put it in the warehouse of this case, instead of the Plaintiff, and put it in the warehouse of this case.

C. Defendant C puts rice into the warehouse of this case by the end of January 2012.

On February 7, 2012, the Defendant corporation supplied 10,578 g of rice to the Plaintiff’s customer by taking out 10,578 g from the warehouse of this case at the Plaintiff’s request.

E. On April 2, 2012, Defendant B issued to the Plaintiff a grain storage certificate (hereinafter “instant storage certificate”) stating that “Defendant C is keeping 389,371 kg of rice without agricultural chemicals stored in the instant warehouse” (hereinafter “instant storage certificate”).

F. On April 12, 2012, the Defendant corporation supplied 46,128 kg of rice to the Plaintiff’s transaction partner by taking out 46,128 g from the instant warehouse at the Plaintiff’s request.

G. According to the custody certificate of the instant case, agrochemicals in which Defendant C put in the warehouse of the instant case.

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