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(영문) 서울남부지방법원 2016.12.15 2015나26998
보관금
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. The purport of the parties' assertion is that the plaintiff entered into a contract with the defendant on March 31, 2009 that takes custody of the goods in custody, from March 31, 2009 to April 5, 2009, which takes custody of the goods as KRW 7,000 (hereinafter "the custody contract of this case") and keeps the goods in custody from the date of the contract of this case. The defendant claimed that the defendant only paid KRW 2,780,00 from March 31, 209 to May 1, 2010, and did not pay the custody fees after May 2, 2010, the defendant has the obligation to pay the unpaid storage fees from April 25, 2009 to April 5, 2016 x 7,0050,000 won (i.e., the due date of the contract of this case).

In regard to this, the defendant, around the end of November 2007, stored the article of C in the plaintiff's container. On March 31, 2009, the defendant asserted that it cannot respond to the plaintiff's claim since it did not enter into the storage contract with the plaintiff or stored the defendant's article in the plaintiff's container.

2. Determination

A. As to the authenticity of the evidence No. 2 submitted by the Plaintiff as evidence of the existence of the authenticity of the evidence No. 2, the Defendant denies the evidence No. 2 (the goods storage agreement and each letter), and the authenticity of the evidence No. 2 is examined.

1) According to the results of the written appraisal of appraiser D by the court of the trial, the results of the appraisal as to whether appraiser D’s writing of “E” as stated in the evidence No. 2 and the Defendant’s writing writing of the same person are as follows. The written appraisal method and the written appraisal of “E” as stated in the evidence No. 2 of the Defendant’s writing of the appraisal method and the Defendant’s writing of “B” as stated in the Defendant’s writing of the appraisal method and the Defendant’s writing show a little difference between F and “G” as they are difficult to appraise, on the other hand, most different parts of the other parts of the appraisal (the other feature was discovered, the name and the Defendant’s name of “E” as stated in the evidence No. 2 of the appraisal result.

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