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(영문) 의정부지방법원고양지원 2017.09.06 2016가단72255
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 9,200,000 and the interest rate of KRW 15% per annum from February 27, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 5, 2013, the network D, which was engaged in the business of leasing temporary materials for building, leased 450 temporary materials [40 meters x 1,200 meters x 60 meters m), 100 short pipes (4m) and 100 short pipes (hereinafter “the instant temporary materials”)] to be used at the E construction site (hereinafter “the instant construction site”) at the time when the Defendant carried out construction and carried out management of the building materials, etc., and the Defendant signed on the “takeover” column of the transaction statement on the lease transaction of the said temporary materials.

B. After acquiring the temporary materials of this case, the Defendant installed and used them at the construction site of this case, but later failed to take them out at the construction site of this case and eventually, the said temporary materials were lost.

C. The network D died on October 30, 2013, and its successors, including the Plaintiff, etc., entered into a division agreement on December 1, 2013 with the Plaintiff’s sole inheritance of all the claims and obligations arising from the operation of the “C” by the deceased D on December 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, 6, Gap evidence 10-4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is liable to compensate the Plaintiff, the heir of the network D for the damages suffered by the network D or the Plaintiff due to the loss of temporary materials for construction leased from the network D.

On the other hand, according to the health unit and evidence No. 1 as to the amount of damages that the Defendant is liable to compensate for to the Plaintiff, the network D entered into a material lease agreement with the Defendant on January 25, 2013 regarding the “F construction site” in relation to which the Defendant participated in the construction work, and if the temporary materials are damaged or lost, it is determined to compensate with the unit price table attached to the above contract. The unit price table of the lost unit is with the lost unit (600m x 1,200m m).

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