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(영문) 서울중앙지방법원 2016.11.08 2015가단175299
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On July 1, 2013, the fact that the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”) with the same content as the attached Form “contract” (hereinafter “instant contract”) does not conflict between the parties.

From June 30, 2013 to October 3, 201 of the same year, the Plaintiff supplied the Defendant with the goods equivalent to KRW 197,620,00,000, including each item listed in the separate sheet Nos. 1 and 2 from June 30, 2013 to the end of May, 2014 upon the Defendant’s unilateral notice of termination of the contract. However, upon the Defendant’s unilateral notice, the Plaintiff returned the above goods from October 3, 2013 to the end of May 2014. However, even though the Defendant neglected to perform his duty of care to manage and preserve the goods as a good manager during the period of storage upon the Plaintiff’s entrustment, the damage was caused by the Defendant’s failure to repair and damage to each item listed in the separate sheet Nos. 1 to KRW 128,50,000, to KRW 65,000,000, to KRW 300,000 for each item listed in the separate sheet No. 2.

In light of the following facts: (a) from the end of May 2014 when the Plaintiff received a return of the said goods from the Defendant, the Plaintiff did not find any trace of damage as alleged in the Defendant against the Defendant from January 15, 2015 to October 20, 2015, which was the date of drawing up a written estimate from the end of May 2014; and (b) in light of the evidence Nos. 2-1 to 3-4; (c) evidence Nos. 3-1 to 7; (d) evidence Nos. 1 to 8-1 to 5; and (e) evidence Nos. 1 and 2; and (e) evidence Nos. 8-5.

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