(영문) 서울남부지방법원 2020.05.26 2019가단248801

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(영문) 서울남부지방법원 2020.05.26 2019가단248801

보관료 등 청구의 소

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1. The Defendant shall pay to the Plaintiff KRW 7,125,250 as well as a rate of 12% per annum from September 3, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. On June 1, 2018, the Plaintiff entered into a contract with the Defendant during the contract period from June 1, 2018 to May 31, 2019, on the ground that the contract is automatically extended by one year, unless both parties notify at least 60 days prior to the expiration of the contract, and that the contract is automatically extended by one year (hereinafter “instant contract”).

B. On April 29, 2019, the Plaintiff and the Defendant issued a notice of tender to a warehouse operator on the expiration of the contract term of the instant case.

C. The Plaintiff participated in the tender in accordance with the tender announcement as above, but was notified by the Defendant on May 24, 2019 that he was disqualified from the selection of a person subject to preferential bargaining.

The defendant took out all the goods from the plaintiff's warehouse on June 19, 2019, and the storage fees corresponding to the above period are KRW 7,125,250.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In order to terminate the contract of this case asserted by the plaintiff, the parties must notify the contract in writing three months prior to the expiration of the contract, and if the contract is terminated, the amount equivalent to the monthly average warehouse charges for the last three months shall be compensated for.

Since the Defendant did not notify the Plaintiff in writing three months prior to the termination of the instant contract, the Defendant is obligated to pay to the Plaintiff storage fees of KRW 42,303,825 corresponding to the monthly average warehouse charges for the portion of three months, and storage fees of KRW 7,125,250 from June 19, 2019 to June 19, 2019, and damages for delay.

B. The damages under Article 7 subparagraph 2 of the contract of this case are unilaterally assumed by the defendant that the contract of this case was unilaterally terminated. As to whether the defendant terminated the contract of this case against the plaintiff, it is insufficient to recognize the above only by the statement of the evidence Nos. 3 and 4, and there is no other evidence to acknowledge it.

Rather, the defendant.

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