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(영문) 광주지방법원 2017.09.20 2017가단502328
건축에관한 소송
Text

1. The defendant shall be the plaintiff.

(a) deliver construction materials listed in the separate sheet; and

B. 48,393,936 Won and July 21, 2017

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in the business of leasing construction materials with a trade name in C column.

D From September 2015, the defendant's new factory building construction works in the defendant's factory building located in Jeon Sung-gun E was re-subcontracted in the name of a limited liability company.

D From the above time, the Plaintiff’s construction materials were leased and used at the above construction site.

B. D attempted to recover the Plaintiff’s construction materials from around the completion date of its construction to March 21, 2016, along with the Plaintiff, but only part of the Plaintiff’s construction materials could have been recovered by the Defendant’s restraint.

In the process of trying to recover the above construction materials, the plaintiff and D found that the defendant used the plaintiff's construction materials for the purpose of collecting them without consent, and removed them.

C. The defendant alleged that he suffered losses due to the above decommissioning and did not compensate for it, and did not allow the recovery of the remaining construction materials.

The kinds and quantities of construction materials that the Plaintiff was unable to recover due to the Defendant’s refusal at the construction site are as shown in the attached list (hereinafter “instant construction materials”), and the total amount of ordinary rents that the Plaintiff received when leasing the instant construction materials at that time is about KRW 9,576 per day.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1, 3, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) is as follows. The plaintiff has the right to recover the construction materials of this case, and the defendant's act of interfering with the collection of the construction materials of this case constitutes a tort. Therefore, the defendant must deliver the above construction materials of the plaintiff and compensate for damages suffered by the plaintiff due to the above tort. 2) The defendant's assertion

The plaintiff committed a tort against the defendant to dismantle his house facilities, which is caused by the defendant.

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