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(영문) 수원지방법원여주지원 2020.03.12 2019가단5743

멸실료와 운반비

Text

1. The Defendant shall pay to the Plaintiff KRW 125,736,200 and the interest rate of KRW 12% per annum from August 30, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 19, 2018, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the D Construction Site (hereinafter “instant construction site”) under which the Defendant was contracted by Nonparty C, and the Plaintiff is obliged to lease the construction snow (hereinafter “instant temporary materials”) such as oil pumps, pipes, wests, safety launch plates, and Corners, and pay rent to the Defendant (hereinafter “instant contract”). As to the delivery and return of the instant temporary materials at the time of the occurrence of loss or theft, the Defendant agreed to pay the Plaintiff a specific unit price and amount of loss calculated by mutual compensation for the relevant quantity, and the instant contract attached a detailed statement of the unit price of loss and the unit price of loss in accordance with the name and standard of the temporary materials, which can calculate the above loss.

B. The Defendant, according to the instant contract, was supplied with the instant temporary materials by the Plaintiff and suspended construction on or around June 30, 2019, and accordingly, did not implement the procedures for returning the instant temporary materials under the instant contract to the Plaintiff even though the instant contract had been terminated.

C. From July 1, 2019 to September 27, 2019, the Plaintiff collected part of the instant temporary materials at the instant construction site and disposed of them for return, and disbursed KRW 2,266,00 as the transportation cost.

Among the temporary materials leased by the Plaintiff, certain materials, such as oil pumps, pipes, sprinks, safety launch plates, sprinkers, and hump, were not returned from the Defendant. Of these material, the amount of loss calculated based on the unit price of destruction as determined at the time of the contract of this case is equivalent to KRW 123,470,200 in total.

[Evidence Evidence: Evidence Nos. 1 through 6 (including paper numbers), respectively.