logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.14 2019가단105914
기타(금전)
Text

1. Defendant B Co., Ltd.: 2,610,515 won and 6% per annum from May 8, 2019 to August 14, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person operating a warehouse business, and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a juristic person operating a distribution business of agricultural, livestock and fishery products, etc., and the Defendant C is the representative director of the Defendant Company.

D is an adviser in charge of the management of the defendant company and is involved in the actual management.

B. On September 27, 2018, between the Plaintiff and the Defendant Company, an agreement on the entrustment of freezing warehouses (hereinafter referred to as the “instant entrustment agreement”) with the terms and conditions as set out below was concluded.

In entrusting the storage of the plaintiff's freezing warehouse, the defendant company shall agree as follows:

The entrustment contract shall be based on continuous transactions for two years from the date of the contract.

1. The monthly standard quantity, storage fees, and entrance and departure fees shall be agreed as follows:

Average amount of monthly storage: 500 Ton storage charge: 1 Kg. 35 won and ex-factory charge: 1 Kg, respectively. 12 won

2. The settlement of storage fees and all other expenses shall be settled from one day to the last day of the following month.

Provided, That it shall be settled immediately where it is deemed that the transaction is terminated because the whole quantity of the stored goods remain in small quantities or shipped out.

3. If the payment of expenses is overdue for not less than two months, or if a normal transaction is not made due to the circumstances of the principal company, the Plaintiff shall dispose of the consignment goods of the truster.

C. On September 27, 2018, the Defendant Company stored 45,905.8km of freezing meat on the Plaintiff’s freezing warehouse, but released 10,295.5km on October 2, 2018, October 10, 2018, October 10, 2018, October 10, 946.9km, and November 19, 2018, respectively.

In addition, after the filing of the instant lawsuit, the Plaintiff returned the remainder 21,780.9kg to the Defendant Company on April 18, 2019.

On July 2018, the president of the Plaintiff paid KRW 2 million to D in cash to Defendant C in the middle of July 2018, and on August 20, 2018, the Plaintiff paid KRW 5 million to Defendant C by account transfer.

[Reasons for Recognition] A. A. 1 to 5, and 7 are without dispute, and testimony and pleading by witness F.

arrow