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(영문) 대구지방법원 2015.04.03 2014가합1298
손해배상(기)
Text

The Plaintiff (Counterclaim Defendant) paid KRW 27,382,800 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from August 20, 2014 to April 3, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The status of the parties concerned is a corporation that purchased agricultural products and sells them after storing them at low temperature, and the defendant is a corporation that operates a cooling warehouse.

B. (1) The Plaintiff entered into the first deposit contract with the Defendant (hereinafter “the first deposit contract”) and the storage fees of the Defendant until December 31, 2012, with the Plaintiff KRW 2,000 per one gambling place (20 km) and KRW 200 per one gambling place (200 per month from the following month, to keep capital reduction and spawn in the Defendant’s warehouse (hereinafter “the first deposit contract”).

(C) The Plaintiff concluded the instant capital reduction from June 2012 to December 2012 (hereinafter “instant capital reduction”).

(2) Of the capital reduction of this case, the Plaintiff released 975 boxes up to December 31, 2012, 2013, 296 boxes up to January 296, 2013, 939 boxes up to February 939, 2013, 912 boxes up to April 912, 2013, 504 boxes up to June 1, 2013, and the Plaintiff released all of the capital reduction of this case.

3) On January 26, 2013, the Plaintiff discovered the fact that growings had been found in part of the capital reduction of this case during the process of shipping the capital 296 stuffs out of January 26, 2013. (C) On June 1 to 7, 2013, the Plaintiff purchased 10,000 nets from the Defendant (hereinafter “the instant inter-party”) from the Defendant, and concluded a deposit contract with the Defendant (hereinafter “the secondary deposit contract”) and kept the instant interparty in the Defendant’s warehouse.

2) The Plaintiff released 8,156 networks until December 31, 2013, 2014, 958 networks on March 9, 2014, and 353 networks on April 2, 2014. On May 2, 2014, the Plaintiff released all of the instant inter-waves by destroying the remaining 533 network. 【Ground for recognition” The fact that there is no dispute or no clear dispute, evidence Nos. 1, 1, 3, 4, 8, 10 copies (including each number; hereinafter the same shall apply) are included.

- The purport of the whole pleadings

2. Determination on the main claim

A. 1) Decision on the claim for damages 1) Summary of the Plaintiff’s assertion (1) Summary of the Defendant’s claim is growing to the capital reduction of this case due to the Defendant’s breakdown in the cooling warehouse.

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