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(영문) 광주지방법원 2015.08.26 2015나1280
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff from January 26, 2012 to the same year

2. 1. up to several times, the Defendant agreed to pay the Defendant a normal level of storage fee by storing 15,552 papers in the freezing warehouse owned by the Defendant.

B. From December 17, 2012 to December 26, 2012, the Plaintiff released 4,750 of the above births on several occasions, and around that time, paid KRW 2,50,000 to the Defendant as storage fees.

C. At present, there is a storage of 10,802 paper goods in the freezing warehouse owned by the Defendant.

(However, there is a dispute between the parties as to whether the product is the same as the product stored by the plaintiff.

The storage fees for each household shall normally be 400 won per 1 year.

(A) The plaintiff was withdrawn at the fourth date for pleading in the first instance, but there is no evidence to prove that the confession was contrary to the truth and was caused by mistake). [The ground for recognition] / [ there is no dispute, each entry of Gap 2, 6, 7, Eul 1 and 4 (including the number of numbers; hereinafter the same shall apply), witness E in the first instance court, some testimony of the witness E in the first instance court, the result of on-site inspection by the court of the first instance, and the purport of the whole pleadings.

2. Determination on this safety defense

A. As to the defendant's assertion that the plaintiff claimed damages on the ground that the defendant voluntarily disposed of the proceeds that he/she stored in the defendant, the defendant is not the plaintiff, but the person who stored the proceeds is not the plaintiff, and therefore, the plaintiff has no standing to file the lawsuit in this case.

B. In the lawsuit of performance like the lawsuit of this case, standing to sue is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). The above defense is without merit.

3. Judgment on the merits

A. The plaintiff's assertion 1.

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