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(영문) 서울중앙지방법원 2013.12.20 2012가합85224
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs were supplied with steel bars required for construction work from the contractor and constructed companies under a contract or subcontract for the road construction work ordered by the Korea Highway Corporation or the Public Procurement Service. The provisions related to the contract are as follows:

Article 8 (Private Data and Loans) (1) A contractor shall accept private materials, rental equipment, machinery, etc. supplied by a contractor under a contract between the contractor and the contractor at the time and at a place agreed upon between him/her and the contractor, and the transport cost after acceptance shall be borne by the contractor.

(2) Ownership of the private materials supplied under paragraph (1) shall be restricted to a contractor and shall not be removed from the site without the approval of the contractor.

(3) Where a contractor destroys, destroys, damages, or loses a private supply or rental product after taking over it, he/she shall appropriate it for the substitute or reimburse the fair price at the option of a contractor.

(4) Materials, equipment, machinery, etc. supplied by a contractor may be used only for the performance of the purpose of a contract, and the surplus portion shall be immediately returned under the direction of the contractor.

B. The Plaintiffs concluded a contract for the supply of steel bars with B Co., Ltd. (in the case of a stock company, hereinafter referred to as “stock company”) on the steel bars supplied from a contractor and requested the processing of steel bars.

When a contractor directly enters a large quantity of iron bars into B companies on a regular basis, it was done in the form of construction by having B companies process the necessary number of iron bars whenever the plaintiffs need to do so.

C. C’s representative director of the Company B, who was entrusted by the Plaintiffs on July 21, 2012, is a third party including Defendant A at will, among approximately 2,028 tons of steel bars 1,219.38 tons ( approximately 460.765 tons of Plaintiff Seocheon Unemployment, Plaintiff Seocheon Construction Division 319.68 tons of Plaintiff Seocheon Construction Division 302.688 tons of Plaintiff Seocheon Construction Division 302.684 tons of Plaintiff Seocheon Construction Division, and 136.243 tons of Plaintiff Seocheon Construction Division).

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