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(영문) 부산지방법원 2017.02.14 2015가단208920
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 132,848,293 and its weight:

(a) For KRW 102,848,293, 2014

Reasons

1. Basic facts

A. On May 2014, the Plaintiff engaged in food materials distribution business: (a) around 3,00 won per month (in addition to value-added tax, and 30 days/months, if it is necessary for daily calculation) for the rent of the freezing room No. 16-8, 456-h, 16-8 and 3 of the underground floor (hereinafter referred to as “instant freezing room”) from the Defendant on the river of the Seocho-gu, Busan; and (b) the period from May 16, 2014 to August 31, 2014; and (c) one year under the same condition if one of the parties does not have any intention of termination at least one month before the expiration of the contract term; and (d) the Defendant leased the indoor temperature of the freezing room of this case by managing freezing facilities to maintain it -17 ±2·2·C (hereinafter referred to as the “instant lease contract”); and (e) the lease period of this case was renewed by August 31, 2015.

B. The Plaintiff stored food in the freezing room of this case. The freezing room of this case increased temperature as follows (hereinafter “instant temperature increase”). As to this, the Defendant had Fast Co., Ltd. accept the freezing room of this case as follows, and submitted a written claim (No. 4-1, 2, and 3) as evidence.

On December 5, 2014 to December 9, 2014, the particulars of the repair request increase from 118 hours in freezing room temperature to -1·C, and the Plaintiff returned part of the products in its custody to the freezing room on the ground (Evidence A 4-1 to 4). Exchange of inhaled pressure pipe, cooling tower exchange, cooling tower exchange, personnel expenses, and other refrigerants (total amounting to KRW 3,395,00, KRW 4-1, KRW 40, KRW 200, KRW 400, KRW 200, KRW 400, KRW 400, KRW 200, KRW 400, KRW 400, KRW 200, KRW 400, KRW 400, KRW 400, KRW 205, KRW 400, KRW 205, KRW 400, KRW 205, KRW 2645,205, KRW 265,26465) are not stated.

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