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(영문) 서울동부지방법원 2017.02.03 2016가단105023
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 14,501,540 and the interest rate of KRW 15% per annum from February 4, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 22, 2015, the Plaintiff entered into a contract with the Defendant on behalf of the Defendant to keep and deliver goods, such as young children’s milk disease, etc. owned by the Plaintiff, with the main content of paying storage fees, loading and unloading charges at the time of shipment, cost of selective distribution, etc. to the Defendant (hereinafter “instant contract”).

B. On September 1, 2015, the Defendant leased a Mandong-to-be Bluan logistics warehouse (hereinafter “the instant warehouse”) located in the Bluan-to-be, Masung (hereinafter “SP”), which was owned by the Plaintiff on September 1, 2015, and kept the goods, such as the milch of infants owned by the Plaintiff under the instant contract from October 1, 2015, and around December 17, 2015, Class 19 products owned by the Plaintiff were entirely destroyed due to a fire that occurred inside the instant warehouse.

C. Article 4 of the instant contract provides for the limitation of liability between the parties as follows.

(1) The Defendant is fully responsible for inventory management from the time of accepting the Plaintiff’s products until the time of completing the tallying packing delivery.

(2) The defendant shall endeavor to prevent all accidents (such as fire, theft, loss, damage, etc.) that occur during the storage, loading, and unloading of products, and delivery of home delivery, and the defendant shall compensate on the basis of the shipment price of products as determined by the plaintiff's manufacturer in the event of an accident.

Provided, That damage caused by a natural disaster (a flood, earthquake, lightning, war) shall not be responsible.

The pure purchase cost of the mil-type 19 kinds of mil-type products that have been destroyed by fire in the warehouse of this case is KRW 7,432,058, and the cost, including KRW 5,363,886, and KRW 1,905,200, including the import clearance cost, KRW 14,501,540, and the actual sale price, including the profits, is KRW 24,220,000.

[Ground of recognition] Items A 1 through 4, 6, 7, 8 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant received products from the plaintiff according to the contract of this case.

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