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(영문) 부산지방법원 서부지원 2018.12.11 2017가단4360
용역비
Text

1. The Defendant’s KRW 40,042,650 for the Plaintiff and KRW 6% per annum from May 24, 2018 to December 11, 2018.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a commercial corporation that runs the refrigerating warehouse business, etc., and the Defendant is a merchant that runs the wholesale, retail and trade business. The Defendant requested the Plaintiff to store frozen fishery products by setting storage fees at seven won per day (excluding value-added tax) per day from March 1, 2015 to May 1, 2018. The fact that the Defendant was kept in the Plaintiff’s freezing fishery products at the Plaintiff’s cooling warehouse without carrying out freezing 5,083 stuffs (attached Form 1; hereinafter “this case’s freezing fishery products”) from March 1, 2015 to May 1, 2018 can be acknowledged by taking into account all the arguments in the statement in subparagraphs 1 through 7, and the fact that the Plaintiff received from the Defendant the storage fees at KRW 466,316, out of the storage fees at March 2015 from the Defendant.

Therefore, the Defendant, barring special circumstances, is obligated to pay the remainder of 4,817,621 won (Calculation is as shown in attached Table 2) and delay damages for the remainder of 4,817,621 won (Calculation is as shown in attached Table 2) calculated by deducting the already paid amount from the storage fees for freezing fishery products of this case from March 1, 2015 to April 30, 2018 (i.e., KRW 39,139.1 won (i.e., KRW 7 won x KRW 5,083 x 1.1, value added tax), as requested by the Plaintiff.

2. The Defendant asserts to the effect that, around June 2016, the storage fees to be paid to the Plaintiff are not remaining, since the Plaintiff released the frozen fishery products of this case to the Plaintiff and sold them for the disposal of feed.

According to the statement in Eul evidence No. 1, the plaintiff's employee sent a text message to the defendant on June 2, 2016, "I need to raise funds," but it can be recognized that the plaintiff sent it to the defendant on June 2, 2016, "I need to do so." However, the above fact of recognition alone does not allow the plaintiff to release and sell the frozen fishery products of this case between the plaintiff and the defendant.

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