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1.The judgment of the first instance, including a claim modified and reduced in the trial, shall be modified as follows:
Reasons
Basic Facts
A. (1) On March 15, 2013, the Plaintiff, a goods custodian, determined as follows: (a) the Defendant and the Plaintiff “150,000 won of monthly storage fees per container (in addition to value-added tax, date of release); (b) the last day of the month following the payment date; and (c) March 15, 2013 through August 31, 2013; and (d) the goods storage contract (hereinafter “instant contract”).
(2) At the time, the Plaintiff and the Defendant agreed that the contract shall be automatically extended one month on the same terms and conditions unless a written notice of termination is given between the Plaintiff and the Defendant 30 days prior to the expiration of the contract.
B. Defendant 1) After entering into the instant contract, the Defendant paid all of the storage fees by using nine containers from October 2013, in order to increase the number of containers used gradually after the conclusion of the instant contract. The Plaintiff and the Defendant paid all of the storage fees from October 2013 to 143,00 won per container (including value-added tax; hereinafter the same shall apply).
(2) After January 2014, the Defendant began to use 10 containers listed in the annexed sheet (hereinafter “instant container”) from January 2014.
C. The Defendant’s delay in storage fees and the Plaintiff’s termination notice 1) began to pay the storage fees later than the agreed due date from October 2013 to December 2013, and the Defendant delayed the payment of the storage fees for the month from June 2013 to May 2014, and the Plaintiff failed to pay the storage fees from March 2014 to May 12, 2014. (2) Accordingly, the Plaintiff paid the unpaid storage fees of 7,388,000 won until June 19, 2014, and issued a notice to the Defendant around that time.
On August 21, 2014, after the filing of the instant lawsuit, the Defendant paid all of the storage fees (based on KRW 143,000) to the Plaintiff by July 2014. On October 10, 2014, the Defendant paid all the storage fees (based on KRW 143,00) to the Plaintiff.