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(영문) 서울중앙지방법원 2015.06.03 2014가합47011

손해배상(기) 등

Text

1. The Defendant: (a) KRW 364,903,806 for the Plaintiff and KRW 5% per annum from October 3, 2014 to June 3, 2015 for the Plaintiff.

Reasons

The summary of the case is the case where the Plaintiff, who leased the temporary materials to the Defendant, seeks payment of KRW 295,187,324, and KRW 51,394,565, and KRW 10,539,320, and KRW 71,070,450, and KRW 372,104,529, and KRW 529,000,000, out of KRW 428,191,659, as compensation for the shortage of removal (return), from May 201 to July 2014.

On the premise of fact, Posco Construction Co., Ltd. (hereinafter referred to as "Posco Construction") concluded a subcontract for reinforced concrete construction among the construction works for the housing industry development corporation (hereinafter referred to as "Hasco Construction") and the construction works for the housing complex 1 complex in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

As the above subcontract is terminated, the defendant was to perform the subcontracted work that was being developed by the sub-party as a subsequent business around February 2013.

On May 28, 2013, the Defendant entered into a lease agreement with the Plaintiff on temporary materials already put into a construction site for the instant construction project. The main contents are as follows, and according to the details of the temporary materials attached to the lease agreement, the total amount put in shall be calculated by applying the number of days and quantities from February 1, 2013 to the end of each month.

3. The maintenance expenses, ordinary car, and transportation expenses after use shall be borne by the defendant.

(5. From May 2013, 2013, a tax invoice shall be issued after subtracting the quantity taken out as of the last day of each month from the payment of the cost for the lease of temporary materials, and shall be paid in cash within 60 days after issuance.

6. With respect to the shortage at the time of completion of the construction, 1% on the basis of the price in kind of used goods for the shortage in shipping out shall be supplied by the Plaintiff, the Defendant shall compensate for the excess of 1%, and 2% on the shortage, the Plaintiff, the Defendant, and 3 Poco Construction shall be dealt with through consultation.

7. The attached volume is the quantity managed by the Plaintiff.