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(영문) 인천지방법원 2016.12.02 2015가단44808
물건인도 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Facts recognized;

A. Around September 18, 2014, the Effective Comprehensive Technology Corporation Co., Ltd. (hereinafter “Effective Comprehensive Technology Corporation”) that received orders from the Defendant for the construction of a rehabilitation hospital in South Yangyang-ju (hereinafter “instant construction”) entered into a subcontract between the Plaintiff and the Plaintiff on September 19, 2014 to December 31, 2014 (the period of construction from September 19, 2014 to December 27, 2015) with respect to Saturdays during the instant construction work (the subsequent change from February 27, 2015).

B. While carrying out the above construction, the Plaintiff installed temporary materials, such as the sn beam beamline and round trials at the construction site of this case, and around March 2, 2015, after completing the construction, the Plaintiff’s employee destroyed the entrance locks to recover the said temporary materials, and went to the construction site of this case, and did not recover them from the Defendant who was under management of the construction site.

C. Around March 23, 2015, around April 9, 2015, and May 8, 2015, the Defendant notified the Plaintiff to the effect that “The Effective Comprehensive Technology Corporation shall perform construction works by abandoning the parts of the construction works on March 7, 2015, and thus, the Plaintiff shall be removed and brought about by demolishing the temporary materials.”

The Plaintiff recovered part of the temporary materials around June 2015, and some of (90 sn beams, 65 sn beams, etc.) of the Plaintiff did not recover after leaving the construction site of this case.

E. After that, the construction industry under which the Defendant entered into a contract for the instant construction project with the Defendant (hereinafter “Industrial Complex”) requested A (B) to remove the temporary materials left behind between June 2015 and July 2015.

F. As above, from July 15, 2015, the removed temporary materials were transferred to another land adjacent to the construction site of this case from the Namyang-si, Jyang-si. The Plaintiff took them out under the confirmation of the sports bus Co., Ltd., the owner of the said land, around November 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 2, 2, 7, 3, and 1.

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