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(영문) 광주지방법원순천지원 2016.05.12 2015가합13219

자재인도 등

Text

1. Defendant Sangdo Construction Co., Ltd. shall pay to the Plaintiff KRW 174,147,660 as well as its full payment from October 26, 2015.

Reasons

1. The Plaintiff’s claim against Defendant Sangdo Comprehensive Construction Company

A. On March 3, 2015, the network A’s indication 1) The Defendant Ordo Comprehensive Construction Co., Ltd. (hereinafter “Commercial Road Construction”).

2) As between March 9, 2015 and June 18, 2015, the network leased the construction materials, such as oil pumps, water pumps, pipes, tubes, and safety launch plates, to the upper comprehensive construction in accordance with the above lease agreement, and on March 9, 2015, sold 60 waste plates to the Defendant upper limit comprehensive construction in KRW 120,00.

3) From May 13, 2015 to September 9, 2015, Defendant shopping integrated construction returned only a part of the leased construction materials, and did not return the remainder of the construction materials indicated in the separate sheet. 4) Defendant shopping comprehensive construction did not pay rent for the leased construction materials, compensation for damage to the destroyed construction materials, and purchase price for the purchased construction materials.

5) Therefore, Defendant Sangdo Construction sought damages for delay at the rate of 20% per annum from March 9, 2015 to September 11, 2015 from the time when the amended statutory rate of interest is enforced pursuant to the amendment of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc.”) from October 1, 2015 to the Plaintiff, an administrator of inherited property of the network A, and KRW 15% per annum from March 9, 2015 (i.e., the revised statutory rate of interest), and (ii) the Plaintiff is obligated to pay damages for delay in excess of the revised statutory rate of interest.

2. On March 3, 2015, the Plaintiff’s claim against Defendant C is the same as the comprehensive construction of Defendant C and Defendant Commercial Road.