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(영문) 대구지방법원 2016.12.08 2015가합200573

손해배상(기)

Text

1. Defendant B’s KRW 9,00,000 as well as 20% per annum from July 9, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has entered into a mechanical sale and monetary loan contract with Defendant B, and Defendant B is a person who engages in a waste disposal business under the trade name of Defendant D, and Defendant C is the wife of Defendant B.

B. On May 2013, the Plaintiff purchased one unit of the separate unit of Aluminium panel (hereinafter “instant machine”) from Defendant B, who runs the waste disposal business, and entered into a sales contract with the owner of the said machine to pay KRW 150,000,000 in return (hereinafter “instant sales contract”), and paid KRW 150,000 to the Defendant on May 29, 2013 and May 30, 2013.

C. On June 9, 2013, Defendant B ordered Nonparty E to manufacture the instant machinery, and paid KRW 2,000,000 as down payment.

The Plaintiff retired from the workplace of June 15, 2013, which was going on June 15, 2013, and handled the separation of Aluminum panel, etc., as the office of Defendant B operated by Defendant B located in the city of Inju, the Plaintiff was also engaged in the Defendant’s duties, such as waste bid and communication line removal work.

E. After that, Defendant B received a proposal from a customer for cable removal business, together with the Plaintiff, paid to the Plaintiff monthly payment of KRW 2,00,000 as well as interest for KRW 150,000 per month during the period of removal work. The Plaintiff, along with the Plaintiff, performed the said removal work from August 12, 2013, and the manufacture of the instant machinery was postponed by agreement.

F. When Defendant B ceased to perform removal works due to an accident that cut off the cables normally in operation during the course of the above cable removal works, and bears a large amount of debts, the Plaintiff started business on June 29, 2014 by delivering one separate machine of Aluminium panel at the above Defendant’s factory to the above Defendant, and by getting off the business from Gyeongnam-gun.

G. Meanwhile, the Plaintiff on July 2, 2013 to Defendant B.