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(영문) 부산지방법원동부지원 2020.05.26 2019가단229044
구상금
Text

1. The part concerning the claim for the warehouse storage fee in the lawsuit of this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 10,456,920 and this shall apply.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The text of the judgment of partial dismissal must be clear and the contents of the order itself can be specified. Thus, the order must be clearly specified to the extent that it is clearly indicated and executed to the extent that it can be written, compared with the grounds for the rejection and dismissal of the parties’ claims (see, e.g., Supreme Court Decisions 88Meu18597, Jul. 11, 1989; 2005Da60239, Mar. 9, 2006). The purport of the claim refers to the main text of the judgment to be sought by the parties in the lawsuit in question, and accordingly, the contents, scope, etc. thereof should be clearly specified. Since the part of the claim for warehouse storage in the lawsuit in this case cannot be deemed to have clearly identified the contents, scope, etc. thereof, and thus, it is unlawful.

(This part of the claim does not specify the kind, quantity, etc. of the warehouse and equipment stored in the purport of the claim, and thus the completion date of the defendant's obligation to pay warehouse storage fees cannot be confirmed).

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