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(영문) 대구지방법원서부지원 2015.07.14 2015가단2946
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Around January 2014, the defendant performed four sections for the project to increase the embankment of agricultural reservoirs in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and contracted blasting work to the plaintiff by drilling stone with drylicing equipment for the construction of new roads, and by inserting powders in the same area. The construction cost is to be settled by multiplying the number of rocks from the blasting by unit price.

Accordingly, the Plaintiff, from February 2014 to June 2014, posted one set of equipment to be used for the construction of the instant equipment (hereinafter “instant equipment”) owned by oneself, and made blasting operations for the construction of the new road.

From July 2014, the instant equipment was put into blasting work for the construction of a reservoir at the same construction site, and the work was suspended on August 1, 2014 on the ground that typhoon is expected to grow, while the instant equipment was finished at the morning.

However, the instant equipment was not used for blasting operations any longer because of typhoons between the new walls, from August 1, 2014 to August 2, 2014, without moving the instant equipment to a safe place at the end of the last work.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 3, 4, and 9 (including virtual numbers; hereinafter the same shall apply) asserted the overall purport of the pleadings, and plaintiff Nos. 24,871,340 won in total, and 8 million won in total, and damages from the date following the date of damage, as the plaintiff Nos. 16,871, 340 in total, and 8 million won in the cost of using equipment on August 2014, and the plaintiff No. 1871,340 in the claim of the judgment party.

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