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(영문) 서울북부지방법원 2020.01.09 2019가단6017

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Since the Plaintiff, the owner of the Plaintiff’s assertion, who lent the above temporary materials to Nonparty C, who was the lessor, without any justifiable reason, asked Nonparty C to compensate for the total amount of KRW 49,04,310, such as the additional rent and the loss and loss cost, the Defendant shall compensate the Plaintiff for the amount of damages.

2. While examining all the evidence submitted by the Plaintiff, it is deemed that there is insufficient evidence to acknowledge that the temporary material of this case was not returned from time to time due to the Defendant’s mistake.

Rather, comprehensively taking account of the overall purport of the arguments in evidence Nos. 11 and 13, the Defendant completed consultations with the staff in charge in charge in order to return the temporary materials of this case to C at the early stage, but it is acknowledged that the Defendant was unable to return them on the wind that the Defendant refused to recover the said temporary materials at C immediately after demolishing the temporary materials of this case.

3. The plaintiff's claim for damages of this case is groundless. Thus, this decision is dismissed. It is so decided as per Disposition.