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(영문) 수원지방법원 2018.10.25 2017가단546152
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 65,382,115 to the Defendant (Counterclaim Plaintiff) and its related expenses from July 6, 2018 to October 25, 2018.

Reasons

1. The fact of recognition (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. From December 15, 2016 to October 25, 2017, the Defendant leased the H-sn beam, a temporary site for construction, to the Plaintiff five times.

B. The sum of the rent, etc. paid by the Defendant to the Plaintiff is KRW 65,382,115.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Defendant asserted that he stolen approximately 38 tons of H-sn beamline, owned by the Plaintiff, at the site of “D Corporation” located in Bona City City, using his own vehicle.

Since the value of approximately 38 tons of the above H-sn beam approximately KRW 20,035,200, the defendant is obligated to pay the above money and delay damages to the plaintiff in compensation for damages.

B. In light of the evidence presented by the Plaintiff, it is difficult to find that the Plaintiff’s 38 tons of H-sn beam, which the Plaintiff asserted, were owned by the Plaintiff or stolen approximately 38 tons of H-sn beam owned by the Defendant, and there is no other evidence to acknowledge otherwise. Rather, the Defendant leased the H-sn beam, which is a temporary material for construction, to the Plaintiff, as seen earlier, was the fact that the Plaintiff filed a complaint against the Defendant as a larceny, but the Hongsung branch office of the Daejeon Daejeon District Prosecutors’ Office was only aware of the Defendant on November 30, 2017.

Therefore, the plaintiff's main claim is without merit.

3. Judgment on a counterclaim

A. The plaintiff alleged by the defendant is obligated to pay the defendant the sum of 65,382,115 won in total of the H-Sn beam beam rents, etc. and delay damages therefor.

Furthermore, the Plaintiff is obliged to pay KRW 1,305,082 to the Defendant monthly user fee for six months from October 26, 2017 to April 25, 2018, since H-sn beam 34,286kg and screen jk 11, which is owned by the Defendant.

B. (1) Determination is made by the Defendant regarding the claim for rent in arrears from December 15, 2016 to October 25, 2017.

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