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(영문) 수원지방법원 2017.03.28 2016가단551577
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant contracted the Defendant’s building extension works in C (hereinafter “instant construction”) to D. Of them, D subcontracted the part of the civil construction works to the Jeju Construction Co., Ltd. (hereinafter “Special Construction”).

The plaintiff was awarded a subcontract for household facilities construction among civil engineering works by the construction of household engineering works.

The plaintiff performed H-PILE in accordance with the subcontract agreement with the Ministry of Construction and Transportation.

B. However, after the construction of the Plaintiff’s strict posts, the change of the ground surface surface of the earth at the site reaches 301% compared to the management standards, and there was a risk of collapse, such as golding to the asphalts on the bottom of the loading and unloading site of the Defendant Company.

C. Accordingly, on January 4, 2016, the Plaintiff entered into a reinforcement project with the Defendant on the instant construction site (E/A) and the Plaintiff completed the construction project in accordance with the said contract.

Then, the Plaintiff: (a) released shot posts built prior to the Rosa Reinforcement; (b) returned the said materials to the Hansung Steel Industry Co., Ltd. (hereinafter “Seoul Steel Industry”) that leased the said materials to the Plaintiff; (c) the Ilsung Steel Industry, while the returned materials were partly displayed, thereby causing losses to be no longer used; and (d) notified the Plaintiff of the losses of KRW 26,502,498.

[Ground for recognition] A without dispute, Gap evidence 1-4, Gap evidence 6, 7, Gap evidence 9, Gap evidence 5-1-14, Gap evidence 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that according to the subcontract concluded with the Defendant prior to the conclusion of the contract for the ice Reinforcement Construction that the Plaintiff concluded with the Defendant, the dump posts, which he leased from the Japanese steel industry in the course of performing the construction of facilities, may no longer be used. As a result, the Plaintiff is required to compensate for the damages equivalent to the amount of the material losses in the Japanese steel industry.

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