(영문) 서울중앙지방법원 2017.03.24 2016가단5097803

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(영문) 서울중앙지방법원 2017.03.24 2016가단5097803

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 28,018,96 and the interest rate of KRW 15% per annum from May 10, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 20, 2015, the Plaintiff entered into a logistics agreement with the Defendant who runs a warehouse leasing, logistics and transportation business to entrust storage of goods and delivery services (hereinafter “instant agreement”).

Article 2 "A" (the defendant; the same shall apply hereinafter to the contract in this case) of the goods requested by "A" (the plaintiff; the same shall apply hereinafter to the contract in this case) shall be obligated to perform the duties of safekeeping and distribution agency.

Article 4 (1) "B" shall be fully responsible for inventory management from the time of receipt of the products of "A" until the time of completion of the examination and delivery of "A" products.

SheB “B” shall do its best to prevent any accident (such as fire, theft, loss, damage, etc.) that occurs during the storage, loading, and unloading of products, and the shipment of the products shall be compensated on the basis of the shipment of the products determined by the manufacturer of “A” in the event of an accident.

Provided, That the damage caused by a natural disaster (a flood, earthquake, lightning, or war) shall not be responsible.

(6) In the event of a loss of “A” due to a fire in the warehouse “B”, “A” is subject to compensation by the following formula:

Compensation paid to “B” = Amount of insurance coverage as of the date of the occurrence of a fire 】 Amount of the government goods seen in “B” / Amount of the total goods kept in custody at the time of a fire

B. Around September 2008, the Defendant: (a) leased 3 Dongs among the 106 ground buildings owned by the non-party company (hereinafter “non-party company”); and (b) additionally leased around September 1, 2015, the second building (hereinafter “the instant building”) among the above ground buildings (hereinafter “the instant building”) among the buildings on the same ground.

Although the Defendant concluded a fire insurance contract with Samsung Fire Marine Insurance Co., Ltd. on the third unit of the above building, it did not conclude an insurance contract with respect to the instant building.

C. Afterward, the defendant stored the plaintiff's products in the building of this case.

유사 판례

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