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(영문) 서울중앙지방법원 2017.11.24 2013가합86293
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the business of importing and selling other days, and the defendant is a company that runs warehouse business, etc.

B. On May 30, 201, the Plaintiff entered into a storage contract with the Defendant to keep the goods imported by the Plaintiff in the Defendant’s night site on the condition of KRW 100 per day, KRW 100,000 per storage charge R.O. container 20, KRW 200,000 per work charge container, KRW 100,00 per transport charge container 20, and KRW 15,000 per rent (hereinafter “instant storage contract”), and thereafter, entered the relevant goods into the Defendant’s night site.

C. On September 21, 2012, the Defendant notified the owner of the cargo deposited in the said open storage site of the entire quantity of the cargo stored no later than October 30, 2012, according to the plan to build a low temperature warehouse at the said open storage site. (2) The Defendant notified the Plaintiff on February 12, 2013, and the Plaintiff on February 20, 2013, that the lower temperature warehouse will be newly constructed from February 20, 2013 at the relevant open storage site, and that the Plaintiff’s other daily products will be entirely shipped out from February 19, 2013.

On March 21, 2013, the Defendant notified the Plaintiff of the fact that the low temperature warehouse construction work was in progress from February 20, 2013, and that the Plaintiff’s products will be entirely removed until April 8, 2013.

3) Around October 2013, the Defendant completed the new construction of a low temperature warehouse. On November 14, 2013, the Defendant demanded the Plaintiff to deliver the Plaintiff’s products to the Plaintiff by November 30, 2013 on the ground that the existing open space was changed to parking facilities, work space, etc., and that the open space could no longer be stored. In the event of nonperformance, the Defendant sent a content-certified mail that notifies the Plaintiff that the Plaintiff would apply storage fees of KRW 400 per day from the indoor warehouse, and the said content-certified mail reached the Plaintiff around that time.

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