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(영문) 서울고등법원 2014.06.13 2013나2012257
보관료등
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. Basic facts

A. 1) The Plaintiff, a corporation whose purpose is agricultural and fishery products warehouse storage business, logistics service business, etc., was a non-management authority under the Harbor Act, and completed on December 29, 2006, the construction of the site for the logistics center was conducted in the rear side of the fifth part of the Msan Port located in Changwon-si, which is a non-management authority under the Harbor Act. The Plaintiff’s site for the logistics center (hereinafter “instant site for the logistics center”).

(2) The defendant is a corporation with the purpose of warehouse business, harbor loading and unloading business, storage business, etc. for free until May 3, 201, for which the exclusive license has been granted until May 3, 201.

B. The Defendant, on December 13, 2007, entered into a contract for the storage of steel materials and the selection of ships (hereinafter “the instant contract”) with Samsung Heavy Industries Co., Ltd. (hereinafter “the Samsung Heavy Industries”).

(2) On March 10, 2008, after entering into a contract with the Samsung Heavy Industries, the Defendant entered into a contract with the Defendant for the operation of the steel storage facility with the aim of loading and unloading, storage, sorting, and loading of cargo as requested by Samsung Heavy Industries to the Defendant. (2) On July 2007, prior to entering into the contract, the Defendant entered into a consultation with the Plaintiff for the use of the above logistics center site, and entered into a contract with the Plaintiff on March 10, 2008 (hereinafter “instant contract”).

The main contents are as follows:

Article 1 [Purpose of Contract] The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the Defendant in relation to the custody of steel materials requested by the Defendant from Samsung Heavy Industries within the bridge site (the total area of 30,273 square meters, and the site designated as a bonded area by the Korea Customs Service, which the Plaintiff has exclusive right to use; hereinafter referred to as “logistics center”).

Article 2 【Contract Term】

1. The contract term is from January 1, 2008 to December 1, 2022.

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