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(영문) 서울중앙지방법원 2018.09.05 2018가합526192
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who manufactures and supplies the clothing products under the order of the clothing sales company C, and the defendant is a company that keeps the clothing sales company established for the purpose of warehouse storage business and concludes a logistics consignment agreement with the goods sales company and receives the delivery.

B. On June 6, 2011, the Defendant: (a) entrusted D with the custody of clothing goods to the Defendant; (b) prepared and kept an appropriate storage place according to the nature and quantity of the goods; and (c) entered into a logistics consignment agreement (hereinafter “instant logistics consignment agreement”) with the content that the goods kept under D’s order are shipped out and delivered.

The above logistics entrustment agreement provides that the basic contract period shall be one year, and D shall pay distribution expenses calculated at the unit price as specified in the following table each month to the defendant, and it shall guarantee the distribution expenses calculated on the basis of the minimum monthly amount per month.

Warehouse, distribution, store distribution, distribution, sales delivery, shopping mall purchase cost, 2,200 won/s (on a monthly minimum of 6,000 items) 300 won/PCS (on a monthly minimum of 40,000 cs) 400 won/BX 800 won (BX) 4,500 won/cases

C. Pursuant to the instant logistics consignment agreement, the Defendant stored approximately KRW 117,091 in aggregate from June 201 to July 201, 201 in the logistics warehouse operated by the Defendant (hereinafter “instant logistics warehouse”) and released the goods under E upon E’s order. On September 8, 2011, the Defendant: (a) paid KRW 25 million out of the total warehouse storage fee of KRW 60 million from E, F, and G (hereinafter “E, etc.”); and (b) paid KRW 35 million out of the total warehouse storage fee of KRW 60 million by November 10, 201 to pay KRW 35 million to the warehouse (hereinafter “Non-performance of the instant logistics warehouse”); and (c) received the instant clothing from E, E, F, and G (hereinafter “E, etc.”); and (d) kept the clothing under custody of KRW 9,91,98,91.

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