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(영문) 서울중앙지방법원 2014.12.19 2012가합529267
손해배상(기)
Text

1. The Defendant’s KRW 164,00,000 as well as 5% per annum from July 30, 201 to December 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into the instant construction contract, etc.) around September 2010, the Gunsan-si building A (hereinafter “instant new building”) with the Defendant around September 2010.

2) During the instant construction works, file works and earth removal works (hereinafter “the instant construction works”) are called the “the instant construction works.”

As to the construction period (including value-added tax) from September 6, 2010 to March 20, 201, the construction contract (hereinafter “the construction contract”) under which the construction cost was determined as KRW 352,00,000 (including value-added tax) is the instant construction contract.

(2) According to the specifications attached to the instant construction contract (Evidence No. 3), the “construction cost” implemented by the Plaintiff includes KRW 33,500,000 (=6,700m x 5,000) and KRW 81,00,000,000 (=450 tons x 180,000 won).

B. 1) In accordance with the instant construction contract, the Plaintiff’s damage to the instant sheet files (hereinafter “instant sheet”). around November 18, 201, pursuant to the instant construction contract, around 450 tons of the Plaintiff’s sheet files (hereinafter “instant sheet files”).

(2) From June 15, 201 to July 4, 2011, the Plaintiff: (a) used the instant sheet files installed at the instant construction site using equipment, such as 75 tons of bitras equipment and 50 tons of bitras, crokes, and hydrotensions, 220.27 tons of the instant sheet files installed at the instant construction site; (b) the successful file in human launch was in a state that it is impossible to reuse them other than the value of the scrap metal in a state where it is severely displayed or cut; and (c) the remainder file files were combined with concrete and joint walls, making it impossible to launch and recover them.

C. On July 29, 201, the Plaintiff demanded the Defendant to pay KRW 474,00,000,000 in total, including rent, human display cost, and material cost, etc. on the sheet file that became unusable. Upon the Defendant’s refusal, the Plaintiff left the sheet file around the instant construction site as it is. (2) On January 20, 2012, the Defendant placed the stamp file around the instant construction site. (3) The Seoul Central District Court against the Plaintiff on January 20, 2012.

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