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(영문) 서울남부지방법원 2017.02.17 2016가합103980

손해배상(기)

Text

1. The Defendants jointly committed against the Plaintiff KRW 168,188,750 and against the Plaintiff Plaintiff B, from May 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the sales business of machinery and tools with the trade name of D, and Defendant B is a person who engages in machinery and tools business, such as transportation and installation of machinery with the trade name of “E,” and C is a person who owns and operates a base frame in the trade name of “F.”

B. On November 19, 2015, the Plaintiff agreed to sell “I” (hereinafter “I”) to H engaged in the manufacturing business under the trade name of G, and the Plaintiff requested Defendant B to transport the instant machinery.

C. Accordingly, on November 20, 2015, the Plaintiff and Defendant B visited G factories one-lane to check the status of access roads and discussed H and transport methods, and tried to dismantle the fence of the factory and expand access roads to transport the instant machinery.

At the time H, because the access road to Defendant B could be narrow and dangerous, the cler was fluored, and the Defendant B responded to “I do not see only two times within the country, but also one time within the country.”

On January 6, 2016, Defendant B visited the factory of G on two-lanes, and discussed the hole-breaking work for the installation of H and the instant machinery and the movement of the existing machinery of the factory.

E. On January 14, 2016, Defendant B visited G factories on three-lanes to destroy holes for the installation of the instant machinery, and Defendant C used the said factories to move the said factories to another place upon Defendant B’s request on the same day.

In addition, on the same day, Defendant B requested Defendant C to carry out the transportation work of the instant machinery on January 16, 2016, and Defendant C consented thereto.

F. On January 16, 2016, Defendant C, in accordance with the direction of J, Defendant B, which was an agent of Defendant B, moved to the installation site of the instant machinery, the spoke part of the instant machinery, which was cut down in the vicinity of the K in the Sisti-si, Sisti-si, and the instant machinery was cut, and the instant machinery was cut, and it was divided into several sections.