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(영문) 창원지방법원통영지원 2016.07.19 2015가단24002
손해배상(기)
Text

1. The Defendant’s KRW 180,527,850 for the Plaintiff and the following: 5% per annum from August 20, 2015 to July 19, 2016.

Reasons

Basic Facts

① By August 30, 2013, the Plaintiff entered into a sales contract with the content that the Plaintiff shall supply the 427,00,000 square meters of rice (40 kilograms per one square meter; hereinafter the same shall apply) in 2011 to the License Agricultural Association until September 14, 2013, to the purchase price of KRW 427,00,000 (61,000 per one square meter); and (2) additionally, until December 31, 2013, the Plaintiff was fully paid the purchase price of KRW 590,000 (59,000 per one square meter).

On November 1, 2012, the Plaintiff entered into a warehouse (storage) agreement (hereinafter “instant contract”) with the Defendant on rice bags.

Article 8 of the above Agreement provides, “(1)(Defendant) may only release goods according to the delivery order and a copy thereof made in the form of attachment 1 attached to the Plaintiff issued or recognized by A (Plaintiff), and B shall only deliver the goods to the person with legitimate authority in accordance with the delivery order. ② In the case of paragraph (1), B is obligated to verify the authenticity of the delivery order and the receipt authority of the recipient. ③ In the case of violation of the obligations under paragraphs (1) and (2), B is wholly responsible for all the expenses, losses, and losses incurred to A.”

The Plaintiff stored rice in the Defendant pursuant to the instant contract, and the Defendant issued a certificate of grain storage to the Plaintiff as follows.

On December 31, 2012, 40km 29,551pos, 20kg 29, 551pos on March 28, 2013 and 22,891pos on June 17, 2013, 2013, 22,891pos on September 19, 2013, and 12,577pos on December 18, 2013, the Plaintiff issued a letter of order for the delivery of grain to the Defendant under the instant contract as follows:

(A) On December 30, 2013, Lins farming association issued a grain withdrawal certificate of the same content as the grain withdrawal instruction on December 30, 2013. On September 13, 2013, Lins farming association corporation 7,000g in weight 280,000g on September 13, 2013.

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