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(영문) 서울고등법원 2016.01.14 2014나2038676

손해배상(건)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who operates the business of leasing construction heavy machinery, such as a mutually movable weighter, with the trade name of “C”. 2) The Defendant is a company awarded a subcontract for the manufacture and installation of PC car (hereinafter “instant construction”) during the construction work from a high-tech industry corporation, which has been awarded a contract for construction of PC-type flood restoration and double-pact roads (ro 2-28 lines) at Gwangju City’s order.

B. 1) On March 25, 2013, D, a general director of the Defendant’s execution-general, demanded that D, “E,” a lessee of the period from March 27, 2013 to March 29, 2013, lease 200 tons of the instant construction work, for three days from March 27, 2013 to March 29, 201. 2) G, an engineer of “E”, was going to the instant construction site on March 26, 2013, and consulted on the field and method of work.

3) Meanwhile, as seen above, the “E” which was requested by the Defendant to rent the term during the term from the term to the “F”, and on March 26, 2013, H of “F” requested the Plaintiff to rent the term during the term to the Plaintiff on the pertinent day. It appears that both “E” and “F” were insufficient in the mid-term period to lease the term on the pertinent day. On the condition that the Plaintiff received KRW 2.5 million per day for three days, the Plaintiff sent the term of the instant construction site, with the condition that the Plaintiff would receive KRW 2.5 million per day (registration number: I and model name: LTM 160/2, size: 176 tons; hereinafter “instant term”). On March 27, 2013, the Plaintiff sent the term of the instant construction site to the Plaintiff.

C. 1) On March 27, 2013, J of the instant construction site, before conducting the mid-term operation at the site of the instant construction project, it is the balanced trend between the back-up of the instant mid-term season (one life-long Swet, "Kamanwait", "hereinafter referred to as "the balanced trend").

(2) In order to ensure the stability of the whole in line with the load and equilibrium of the article 10s at the mid-term season, the installation was carried out. (2) However, while carrying the installation work, the balance is being carried.