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(영문) 부산지방법원동부지원 2017.05.18 2016가합102336
손해배상(기)
Text

1. The Defendant’s KRW 48,80,895 as well as the Plaintiff’s KRW 5% per annum from February 20, 2016 to May 18, 2017, and on May 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of wholesale and consignment sales of agricultural products, and the Defendant is a corporation established for the purpose of controlling and stockpiling distribution of agricultural products, storage business, etc.

B. 1) The Defendant is deemed to have kept the DSC low temperature storage room located at No. 44, Mag-ri, Mag-ri, Mag-Eup (hereinafter “instant storage room”).

2) As to capital reduction (variety: 10 tons) 350 tons (hereinafter “capital reduction of this case”).

(2) On June 12, 2015, the Defendant sold the instant capital reduction to the agricultural partnership corporation (hereinafter “the instant capital reduction”) and the Plaintiff’s association. However, until the instant capital reduction was released, the Defendant entered into a contract on the storage of the instant capital reduction at the instant storage and entered into a contract on the storage of the instant capital reduction. The main contents of the contract on the storage of the instant capital reduction are as follows.

Article 15 (Stop Storage Expenses and Storage and Management) The contractor of the contract (Stop Storage Expenses) shall calculate the storage costs for the quantity stored in the low temperature storage unit of the agricultural cooperative (the defendant) on a 15-day basis (1-15 days, 16-day or last day) and pay the storage costs for the quantity stored in the low temperature storage unit of the agricultural cooperative (the defendant) on a 15-day basis (450,000 won, 350,000 won, 300,000 won, and 250,000 won, calculated and paid

The Agricultural Cooperatives shall be responsible for storage and management of low temperature storage and storage and shall be fully responsible for the reduction of dignity, etc. for the quantity of goods inspected and stored.

Article 16 (Shipment of Capital Reduction) The "contractor" shall ship the total quantity of purchase for stored capital by the end of March 2016, and the "contractor" shall be legally liable for costs incurred in disposal of unexploded portion of "Agricultural Cooperatives" and the cost loss of "Agricultural Cooperatives" in the event of non-exploitation.

[The entry into and departure from a warehouse shall be made at the end of processing directly by the employees of the agricultural cooperative (such as forkin operation, etc.). The date of final release may be postponed under mutual agreement.

3. And the Dogs Association shall reduce the capital of this case.

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