(영문) 창원지방법원 2015.01.28 2014나3034 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.01.28 2014나3034

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The facts below the basis of the facts do not conflict between the Parties.

On November 201, 201, the Plaintiff: (a) the Defendant’s low temperature warehouse (hereinafter “the instant warehouse”) deposited 510 gamblings (hereinafter “the instant club”).

B. On January 2012, 2012, the Plaintiff: (a) released the instant Hashes from the Republic of Korea; and (b) most of the Hashes were decomposed, such as shouldering.

2. Judgment on the plaintiff's claim

A. 1) The plaintiff's assertion that liability for damages occurred (A) since most of the participants of this case deposited by the plaintiff to the defendant due to the plaintiff's mistake in keeping the defendant's assertion have been decomposed, the defendant is liable to compensate the plaintiff for damages due to default.

B) Since the Defendant’s assertion that the Defendant’s assertion was decomposed is not due to the error in the custody of the Defendant, but due to the question of negligence itself or because the Plaintiff was excessively late shipping, the Defendant did not have any obligation to respond to the Plaintiff’s request. (2) In light of the following circumstances that may be recognized by the respective entries in the evidence Nos. 5, 8, and 10, and the witness’s testimony and pleading, the Defendant appears to have decomposed due to the Defendant’s mistake that did not perform the duty to properly maintain the temperature of the warehouse according to the deposit contract, and thus, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom. (A) The Defendant replaced two even the warehouse of this case on the grounds that the Plaintiff was discovered with corruption and for long time, and the number of doors of the warehouse of this case was replaced on the grounds that the number of doors of the warehouse of this case was not consistent with each other. (b) The Plaintiff appeared at the time of the release of the warehouse of this case after the visit of this case.

C. The purport that D/E, which carried wrue from the warehouse of this case, has weak air conditioners for the warehouse of this case.

유사 판례

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-대법원 1967. 10. 23. 선고 67다1919 판결