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(영문) 광주지방법원 2016.10.26 2015나7363

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, as to the Plaintiff, KRW 3,480,00 and the Plaintiff’s 2014.

Reasons

1. In order for the Plaintiff to newly construct hanok, the following costs shall be paid to Defendant B, a new construction business entity of Han-ok, who operates a sanction suit, and the fact that the Plaintiff requested the process when providing the Plaintiff with the raw materials between December 8, 2010 and February 21, 201 and the sum between February 21, 201 and February 21, 201 is no dispute between the parties.

Defendant B totaling KRW 5,800,000 for purchase of raw timber around March 2011

B. Defendant C: (a) KRW 10,00,000 on December 29, 2010; (b) KRW 2,000,000 on December 30, 2010; and (c) KRW 3,000,00 on January 20, 201;

2. The plaintiff's assertion

A. Defendant B’s claim 1) The above Defendant was paid KRW 5,800,000 for the purchase cost of raw timber as above, but did not deliver the original wood to the Plaintiff. 2) The Plaintiff provided the above Defendant with the original wood among KRW 48,475, as well as KRW 21,525 of the above Section 1, and requested the processing thereof. However, if sanctions were imposed on the original wood, the amount of KRW 50,00 for deducting by-products remains to be a timber. Thus, the above Defendant delivered to the Plaintiff a timber of KRW 70,000 for the total amount of KRW 70,525 (No. 21,525, No. 475g) and KRW 35,000 for the total amount of KRW 50,00 for KRW 17,406.

C) In addition, the above Defendant did not deliver by-products of 35,000 yarns (70,000 tons between 70,000 tons, approximately 125 tons) that may be used for fire reduction, and the market price of 17,594 Gabs (35,000 - 17,406 Gabs) that was not received by the Plaintiff is KRW 43,985,00 (17,594 x 2,500 x 2,500), and the market price of by-products for fire reduction is KRW 6,250,00 (125 tons x 50,000).

3) Therefore, the above defendant is obligated to pay to the plaintiff the sum of KRW 56,035,00 ( KRW 43,985,000, KRW 6,250,000) of the above 1.2. The plaintiff is entitled to pay KRW 40,304,138 among them. (B) Of the sum of KRW 10,000,000 in 10,000 in 10,000 in 10,000 in 10,000 in 10,000 in 1.0,000 in 1.0,000 in 2.3,00 in 3,00,00 in 2.

2. However, the above contract is concluded because the above defendant did not execute the new construction of hanok.