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(영문) 수원지방법원여주지원 2014.12.11 2014가단4196

가설재대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim against Defendant T&C Co., Ltd.

A. The Plaintiff’s assertion (i.e., the Plaintiff leased temporary materials for construction from June 201 to January 2014 to Defendant T&C Co., Ltd. (hereinafter “Defendant T&C”), with respect to the construction of the 32 construction section of the 32 construction section of the Nakdongdong River (hereinafter “Defendant T&C”).

B. Before June 20, 2011, the Plaintiff leased the temporary materials listed in the item column of the attached sheet to Defendant Ethal Co., Ltd. as indicated in the attached sheet. On June 20, 2011, the Plaintiff settled the destruction of a part of the temporary materials, as described in the attached sheet with Defendant Ethal Co., Ltd., as of June 20, 201, the temporary materials that were not entered as of June 20, 201 are recorded in the middle margin column of the attached sheet.

Defendant E.C. (1) later returned to the Plaintiff some of the temporary materials as indicated in the annexed sheet, but still did not return the said temporary materials as indicated in the annexed sheet. As such, Defendant E.C. is obligated to pay to the Plaintiff the amount of KRW 15,627,540 for the loss of the said temporary materials and the amount of KRW 22,706,703 for the said period, plus the amount of KRW 37,706,703 for the said period.

B. As to whether the Plaintiff leased the temporary materials, such as the entry in the final entry column in the attached sheet to Defendant E. C.C., each entry, etc. in Nos. 2, 3, and 6-12, which appears to correspond to the Plaintiff’s assertion, cannot be trusted as they are (not only is the Plaintiff’s assertion as to the details of the final entry, but also includes the contents that cannot be recognized in the light of the details of the return recognized by the Plaintiff, and each of the above written statements, which seem to conform to the above assertion, are written voluntarily prepared by the Plaintiff, and the remainder of the evidence submitted by the Plaintiff is insufficient to acknowledge it, and there is a lack of evidence to acknowledge it otherwise.