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(영문) 인천지방법원 2016.11.09 2016가단28469
창고료 미수금등
Text

1. The Defendant’s KRW 20,162,277 as well as the Plaintiff’s annual rate of KRW 5% from July 1, 2016 to July 11, 2016, and the next day.

Reasons

1. The parties' assertion

A. Since the contract of deposit was explicitly concluded by the Plaintiff, who is the warehouse business entity, to keep the person in charge of the storage, the Defendant is obligated to pay the Plaintiff the storage fees of the warehouse and the damages for delay.

B. The Defendant, as a freight forwarder, has the responsibility to pay the storage fees to the Plaintiff on the ground that the Defendant kept the company in custody and paid the Plaintiff the storage fees from the Green C&C in accordance with the direction of that Green C&C for convenience of the business of the company, an importer of that Green C&C (hereinafter “WC”), which is an importer of that company. As such, the Defendant is a bailor, and the Defendant is not a bailor, and the Defendant is obligated to pay the storage fees to

2. Facts of recognition;

A. On December 6, 2014, the Defendant: (a) stored a first call set imported by Green C&C, which was released from January 8, 2015; (b) paid KRW 550,000 to the Plaintiff on the same day; and (c) on January 8, 2015, the Defendant claimed expenses from Green C&C.

B. On January 9, 2015, the Defendant, as a forwarding agent, kept the fruit in custody of the Plaintiff, but delivered on January 31, 2015, and paid KRW 409,200 for storage to the Defendant on February 2, 2015, and claimed expenses from the Dan C&C on February 27, 2015.

C. On January 9, 2015 and February 10, 2015, the Defendant, as a forwarding agent, kept in custody of the importer of Green C&C (hereinafter “instant goods”) to the Plaintiff, and the storage charge up to May 31, 2016 is KRW 20,162,277, and the maturity date is June 30, 2016.

[Grounds for recognition] Gap evidence Nos. 1, 2, and 3 (including each number), Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3-1, 3-2, and the purport of the whole pleadings.

3. Determination

A. Since a warehouse deposit contract, which is a contract to accept the custody of goods in a warehouse by a warehouseman, is an instigious or non-instigious contract, the issuance of a warehouse receipt does not require any special method, such as issuance of a warehouse receipt, and

No goods bailed shall be superior even if they are not owned by the bailor.

(b) the Commercial Act;

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