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(영문) 서울동부지방법원 2017.11.30 2016가단40089
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 22,385,622 and the interest rate of KRW 15% per annum from December 27, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport (including the fact that there is no dispute) of the entire pleadings in Gap evidence No. 1 and No. 4 as to the cause of the claim, the plaintiff entered into a contract with the defendant on April 28, 201 under which he/she leases a set (hereinafter “instant contract”) to the defendant on April 28, 201 (type AJP-13B, size 1,300 x 1,100 x 150 x 150 x 150). The contract of this case provides that the defendant shall immediately compensate the plaintiff for the purchase price in the event of a fire, theft, loss, etc. of a set. Meanwhile, the part of the plaintiff's set set that the plaintiff's set which the defendant leased from the plaintiff and kept in the factory of the defendant was destroyed due to fire on May 14, 2016, and the defendant did not grasp the remaining materials of the set other than that of the fire that was destroyed by fire, and the purchase price of the plaintiff 406 150.

In addition, the purchase price stipulated in the above compensation agreement refers to the purchase price at the time of loss of paths caused by fire, theft, loss, etc. in light of the terms and conditions of the contract before and after the above compensation agreement. However, the purchase price at the time of the destruction of paths can be ratified as the same as the purchase price at September 2016.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 22,385,622 won at the time of the above 406 Pletlet 406 destruction, which was lost because it was destroyed by fire or failed to grasp the location of the fire pursuant to the contract of this case (i.e., 406 x 5,137 won/per 15% per annum from the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff to December 27, 2016 to the day of complete payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that it is unfair terms and conditions, in the case of the loss of tept, among the contracts of this case.

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