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1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.
2.In exchange for the purpose of exchange at the trial.
Reasons
1. The reasoning for the court’s explanation in this part is the same as the reasoning for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s primary assertion (1) sold the instant materials to Nonparty Company according to the instant sales contract concluded on August 24, 2012.
However, the non-party company did not pay to the Plaintiff KRW 179,09,096,20, out of total of KRW 175,962,60 of the purchase price of the instant materials and KRW 415,032,20 of the temporary materials rent relating to other construction sites.
Accordingly, in order to re-transfer the ownership of the instant materials to the Plaintiff and enable the Plaintiff to recover the outstanding purchase price and rent, the Plaintiff and the Nonparty Company cancelled the instant sales contract on December 31, 2013, and concluded the instant lease agreement with the Plaintiff to lease the instant materials from September 1, 2012. As such, the instant materials are owned by the Plaintiff.
However, since the Defendant arbitrarily disposed of or lost the instant materials while storing them, the Defendant is obligated to pay the Plaintiff the amount of KRW 115,715,000, which is equivalent to the price of the instant materials due to the tort, and the delay damages therefrom.
(2) Preliminary assertion, even if the instant materials are owned by the non-party company, since the Defendant arbitrarily disposed of or lost the instant materials while keeping them in custody, the Defendant is obligated to pay the non-party company the 115,715,000 won, which is the amount equivalent to the price of the instant materials, and the delay damages therefrom.
However, the plaintiff has a total of KRW 179,096,200 against the non-party company, and thus, in order to preserve the above claim against the non-party company, the plaintiff shall pay the defendant the above KRW 115,715,00 on behalf of the non-party company.