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Reasons
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(영문) 대구지방법원안동지원 2012.10.10 2011가단6007
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1. The Defendant, on April 28, 201, entered into an accord and satisfaction agreement with Nonparty D Co., Ltd. on the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. (1) On May 16, 201, Plaintiff A entered into a contract for the lease of building materials between Nonparty D Co., Ltd. (hereinafter “Non-Party D”) and Non-Party D Co., Ltd. (hereinafter “Non-Party D Co., Ltd.”), and leased the building materials to Non-Party D Co., Ltd. under the said contract from May 16, 201 to July 26, 2011.

(B) From July 27, 2011 to September 14, 2011 (additional rent of KRW 8,043,300) from July 27, 2011, Nonparty Company used the Plaintiff’s building materials additionally, but did not pay additional rent of KRW 22,00,000 among the existing rent and value-added tax thereon, and cut off and used the building materials without Plaintiff’s consent.

(C) Accordingly, on September 14, 201, Plaintiff A recovered the building materials leased to Nonparty Company by using crain, etc., and directly removed the building materials that were not removed by Nonparty Company. In the process, Plaintiff A spent the total of KRW 3,762,200 ( KRW 3,312,200 for 4.50,00 for crain and so on).

Meanwhile, the sum of the market prices of building materials damaged by cutting off by the non-party company reaches KRW 10,412,100.

(2) On May 6, 2011, Plaintiff B (A) entered into a contract for the steel bars work (the construction cost of KRW 24 million, and the construction period from May 6, 201 to June 20, 201) among the construction works of Ansan-si 2 Dong (hereinafter “instant loan”) with Nonparty Company, and completed the construction works under the said contract, but the Nonparty Company did not pay KRW 8.5 million out of the construction cost.

(B) On June 6, 2011, Plaintiff B entered into a contract with Nonparty Company for the 400 square meters of the steel bars (the construction cost of KRW 12 million) and completed the construction under the said contract, but Nonparty B completed the construction under the said contract.

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