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(영문) 서울서부지방법원 2015.09.10 2014가합34263
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the removal business, scrap metal business, and non-ferrous metal business, etc. with the trade name B.

The defendant is a company in charge of removal construction of 14,480 square meters (hereinafter referred to as "the site of this case") out of the project zone for D Housing Redevelopment Improvement Project implemented in Busan Dong-gu C (hereinafter referred to as "the site of this case").

B. As to the site of this case, the Defendant held the site site conference on December 1, 201 in order to conclude a contract for the sale of scrap metal and rain metals arising from the process of the removal, while entrusting another company with the removal of the above ground buildings, etc. on the site of this case.

The site site descriptions of the above Council participated in the site site site descriptions of the defendant, and the plaintiff also participated in the above site site consultations.

C. On December 2, 2011, the Plaintiff submitted a written estimate stating a total purchase price of KRW 492,320,000 as KRW 492,320,000 (excluding value-added tax) to the Defendant on the instant field 14,480.

As to the site of this case on December 7, 201, the Plaintiff and the Defendant agreed to purchase all of the scrap metal and scrap metal contained in and attached to the building occurring during the removal work at the Plaintiff’s expense, and the Plaintiff paid KRW 495,00,000 (value-added tax separate) to the Defendant with the purchase price, on which KRW 300,000 among them was entered into a contract, and KRW 195,000,000 among them was to be paid within 20 days after the commencement of the contract (hereinafter “instant contract”).

The above contract contains the following contents:

Special Conditions

5. Where the size of removal works is changed, the defendant and the plaintiff shall settle the relevant part in consultation with each other.

23. In a case where the defendant lost in a lawsuit with the previous contractor in relation to the sale of solid goods at the present site, the defendant shall pay the difference to the plaintiff after settling only the amount of solid goods taken out by the plaintiff, and the plaintiff shall pay the difference to the plaintiff, such as interest and claim for damages related thereto.

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