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(영문) 대전지방법원 2016.03.31 2015가단1564
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 28, 2011, the Plaintiff received a subcontract for construction cost of KRW 299,200,000 for the construction cost, which was part of the “public works, file works, and soil-free construction works,” which was awarded a contract to the Defendant by the Defendant by the Seocho-gu Agricultural Partnership Corporation (hereinafter “Agricultural Partnership”) and was awarded a contract to the Defendant.

(hereinafter referred to as the “instant subcontracted construction,” and the Plaintiff’s subcontracted construction work (hereinafter referred to as the “instant subcontracted construction”). B.

Since then, in executing the subcontracted construction of this case, the Plaintiff installed a large aggregate structure with material as snow at the construction site (hereinafter “H beamline”).

C. However, the Defendant waived the instant construction on September 6, 201, and thereafter the farming cooperative dismantled the H beamline at the aforementioned construction site on June 7, 2012, and the Plaintiff recovered the above H beam, which was loaded in the surrounding factory sites on January 18, 2013.

The Plaintiff filed a lawsuit against the farming cooperative on June 17, 2012 against the Daejeon District Court Decision 201Na6879, on the ground that the farming cooperative arbitrarily dismantled the sn beamline owned by the Plaintiff, for which the right of retention was exercised on the construction site of the instant construction site without the Plaintiff’s consent, and in the process, committed a tort that damages the use value of the sn beam beamline, thereby damaging the Plaintiff’s 74,009,621 won. However, the Plaintiff was sentenced to a judgment against the Plaintiff on December 12, 2013 by the said court, and the Plaintiff appealed the said judgment as the Daejeon High Court Decision 2014Na381, but the said judgment was finalized on October 30, 2014, and the said judgment became final and conclusive.

[Ground of recognition] Gap evidence Nos. 1 (including paper numbers), Gap evidence No. 4, Gap evidence No. 7 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion asserts the cause of the claim as follows. A.

The defendant who is the principal contractor of the damage compensation liability caused by the nonperformance of obligation shall raise an objection against the subcontractor.

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