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(영문) 서울동부지방법원 2017.05.12 2016가단124222

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 9, 2016, the Defendant concluded a contract with Nonparty A for a construction project for the unclaimed steel scambing reinforcement at B construction site, and leased two concrete mixtures (DM-2) (hereinafter “each equipment of this case”) (hereinafter “instant lease contract”) from the Plaintiff, which was known through introduction, on May 9, 2016, by setting the lease term from May 10, 2016 to June 9, 2016 as KRW 2.8 million per rent (hereinafter “instant lease contract”).

B. According to the instant lease agreement, the Defendant is responsible for the storage and management of the equipment during the lease period, is liable for the damage of the equipment during the lease period, and is obligated to return the equipment after cleaning at the time of the return of the equipment.

On the other hand, if the period of lease of equipment is not more than three months, the transportation cost is borne by the defendant when the equipment is returned.

C. The Defendant returned each of the instant equipment to the Plaintiff at the time when one month of the lease period was not available.

Each of the equipment of this case is difficult to use because it is hard to change concrete, etc. inside the present.

[Grounds for Recognition: Descriptions of Evidence A (including each number), Results of appraiser C’s appraisal, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff alleged by the parties has damaged the plaintiff by erroneous management, such as the defendant's failure to clean up each of the equipment of this case. Thus, the defendant shall pay the plaintiff a total of 37,600,000 won equivalent to the market price of each of the equipment of this case (each of 18,80,000 won) and 3,300,000 won equivalent to the expenses to be incurred in disposing of them as wastes. In addition, the defendant shall bear the transportation expenses when the equipment is returned according to the contract of this case, but the plaintiff shall bear the transportation expenses without paying the transportation expenses. Thus, the defendant shall also pay 352,00 won paid by the plaintiff on behalf of the plaintiff.