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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.05.08 2014가단30964
자재대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. From around 2008, the Plaintiff was awarded a subcontract for the road expansion work between Sincheon City and Sincheon-Gu (hereinafter “instant construction work”).

B. The Plaintiff discontinued construction work as it did not receive construction payment from A during the construction of the instant construction work until December 2011.

C. While performing the instant construction, the Plaintiff purchased civil engineering materials, such as water pumps, fume pipes, etc. (hereinafter “instant materials”), and stored them at the construction site.

However, since June 2012, the Defendant committed a tort for using or disposing of the instant materials without the Plaintiff’s consent. Accordingly, the Defendant suffered a considerable loss in the market price of the instant materials, thereby compensating the Plaintiff for such loss.

2. Therefore, we examine whether the Defendant used or disposed of the instant materials, the Plaintiff’s testimony as stated in Gap evidence 2 through Gap evidence 5, Gap evidence 7, and Gap evidence 8 (including partial numbers), and witness Eul’s testimony as it is difficult or insufficient to believe it as it is, and there is no other evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim of this case based on the premise that the defendant used or disposed of the material of this case is without merit, and it is dismissed. It is so decided as per Disposition.

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