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(영문) 서울중앙지방법원 2014.11.14 2014가합513075
손해배상(기)
Text

1. As to Defendant New Construction Co., Ltd. (hereinafter “Defendant New Construction Co., Ltd”) KRW 195,709,204 and KRW 28,523,834 among them, October 24, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs the business of selling and leasing construction machinery and appliances, and the Defendant Hanjin Industries Co., Ltd. (hereinafter “Defendant Hanjin Industries”) is a legal entity that runs the business of comprehensive construction business, etc., and the Defendant Jinjin Construction Co., Ltd. (hereinafter “Defendant Jinjin Construction”) is a legal entity that runs the business of building reinforced concrete construction business, etc.

B. On August 9, 2012, the Mine Construction Business Co., Ltd. (hereinafter “Magjin Construction Business”) concluded a subcontract with the Department of Hanjin Heavy Industries and the Incheon International ice Stick Stick Stick Stick Sticking Construction Co., Ltd. (hereinafter “instant construction”) to accept such subcontract from Defendant Hanjin Heavy Industries.

On September 13, 2012, the Magjin Construction Co., Ltd. entered into a lease agreement with the Plaintiff and the Plaintiff on temporary materials to be used at the construction site of this case (hereinafter “instant lease agreement”). The main contents are as follows.

1. Details of leased property: General temporary materials;

2. Term of lease: From September 13, 2012.

3. Lease site: The construction site of this case.

4. Method of payment of rent: (1) The above 1-4 is subject to change depending on the transaction invoice details, and the contents of this contract are subject to the transaction invoice and the transaction invoice. (b) Article 1(1) of the Commercial Code provides that (a) the mining construction business shall be fully aware that the Plaintiff has ownership of the leased object, and must comply with the following requirements. (1) The mining construction business shall have the duty of due care of a good manager in using and keeping the leased object from the acquisition to the return of the leased object, and shall comply with the relevant laws and regulations. (b) the lessee shall also be held responsible for the site of the instant construction and shall also be held responsible for the return of the temporary material at the same time for the refund of the leased object.

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