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(영문) 수원지방법원안양지원 2014.11.13 2014가단10968
손해배상 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,608,645 to the Plaintiff (Counterclaim Defendant) and its related amount from July 15, 2014 to November 13, 2014.

Reasons

1. The assertion and judgment on the principal lawsuit

A. Basic facts 1) On May 1, 2013, the Defendant, who runs a bonded warehouse business, carried in large 17,600 g g m 17,600 g g 2 (on April 26, 2013), and the Plaintiff’s warehouse on May 16, 2013 (on May 16, 2013, 200 g 9,60 g g 200 g 2 (on May 16, 2013, hereinafter referred to as “instant principal goods”).

(2) At the time of long-term storage, the instant principal goods began to be decomposed, and the Plaintiff notified the Defendant from October 2, 2013 to remove the instant principal goods, but the Defendant did not remove the instant principal goods.

3) On December 23, 2013, the Defendant applied for the disposal of the instant main goods to the Incheon Customs Office, and obtained approval for the disposal thereof. On December 24, 2013, the Plaintiff paid KRW 2,702,700 to the Plaintiff at the cost of disposal after the Plaintiff discarded the main goods through Dasco Co., Ltd., a waste disposal company, and the Plaintiff paid KRW 2,702,70 to the Plaintiff at the cost of disposal. (4) A, who was delegated to perform customs management duties by the Defendant, performed the instant main goods, paid KRW 2,10,000 on December 26, 2013, and KRW 260,000 on December 27, 2013, respectively.

5) Warehouse storage charges until December 24, 2013 for the instant principal goods are KRW 8,265,945 (i.e., KRW 4,878,720 (= KRW 3,387,225). The fact that there is no dispute over grounds for recognition, entry in Gap’s evidence 1 through 3, 8 through 11, and 15, and the purport of the entire pleadings, and the purport of the whole pleadings.

B. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 8,265,945, and the unpaid disposal cost of KRW 342,70 (=2,702,700 - 2,100,000 - 260,000) and damages for delay on each of the above money. 2) In addition, the plaintiff is unable to use the air conditioners due to the corruption of the main goods of this case (=3-month warehouse charge of the air conditioners 122,40,000 x 57m2,464.5m2,535m2,100,000 in the area of the main goods of this case x below the size of the air conditioners).

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