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(영문) 전주지방법원 정읍지원 2017.03.28 2014가단7252
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff was the owner of the c and the d (hereinafter referred to as the “instant rupture”). The Plaintiff agreed to lease the instant rupture to Nonparty E and F, who was not aware of the Plaintiff’s introduction.

For this purpose, the Defendant delivered the instant excavation machines to E and F, and in the process, the Plaintiff and the Defendant agreed to entrust the management of the instant excavation machines to the Defendant, but the Defendant paid for the Plaintiff the rent of three million won per month.

Nevertheless, the Defendant neglected to perform the above duty, thereby causing the actual loss of the instant excavation machines by neglecting the main parts by leaving the instant excavation machines alone without permission. The Defendant is obligated to pay to the Plaintiff the amount calculated by the ratio of KRW 3 million per month, which is the amount of losses equivalent to the rent agreed to be paid by the Plaintiff from December 1, 2012 to December 1, 2012, when three years have elapsed since the date of the filing of the instant excavation machines, as the Defendant took out the Plaintiff due to nonperformance of the above obligation, and the damages for delay, and the damages for delay thereof, and the period from December 1, 2012, before the Plaintiff’s damage is compensated.

2. According to the records in Gap evidence Nos. 1, 2, 4, 5, and 6 (including each number; hereinafter the same shall apply), it can be acknowledged that the plaintiff was the owner of the instant excavation season, and that E and F decided to lease the instant excavation search machine from the plaintiff upon the defendant's introduction, and that the defendant delivered the instant excavation search machine to E and F on August 22, 2010.

Furthermore, according to the statements in Gap evidence Nos. 5, 6, and 7 and the witness H's testimony, the plaintiff proposed that the plaintiff will make a claim to the defendant for the rent of KRW 1 million out of the face value by the defendant's management of the sowing machine at the time of leasing the sowing machine.

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