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(영문) 수원지방법원 2019.11.20 2019가단510843
손해배상(기)
Text

1. Defendant B corporation: 5% per annum from April 6, 2019 to November 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner and the lessee of each land E and F and its ground-based factory buildings (hereinafter “instant real estate”).

Defendant B (hereinafter “Defendant B”) is a corporation that engages in waste collection business, etc.

B. The instant real estate was the place of business of G Co., Ltd., and on November 30, 2016, the Plaintiff acquired the ownership of the said real estate in the real estate auction procedure (U.S. District Court H).

The Plaintiff intended to remove all existing facilities and facilities in order to lease the instant real estate to another person, and in the process, the Plaintiff prepared an entrustment contract with Defendant B on January 2, 2017 on the collection, transportation, and disposal of the designated wastes, such as the attached Form, with the purport of entrusting the transportation and disposal of wastes in the Defendant’s workplace located in the instant real estate.

C. On January 3, 2017, the Plaintiff entered into a service contract for the removal of facilities in the instant real estate with I, and Defendant B’s representative director, who was entrusted the removal of facilities, rescinded the contract with I and entrusted Defendant B with the removal of facilities (hereinafter “instant service” in total, including waste transport and disposal, and removal of facilities), and Defendant B re-entrusted Defendant C with the removal of facilities.

around February 2017, Defendant D removed boiler within the instant real estate (hereinafter “instant boiler”).

B. The appraisal value of the boiler of this case based on the appraisal conducted at the auction procedure stated in the port of entry is KRW 25,912,00.

E. The Plaintiff filed a complaint against Defendant C and D with respect to the removal of the boiler of this case by special larceny.

On October 30, 2017, a prosecutor has conducted a non-prosecution disposition (No. 2017-type District Prosecutors' Office 2017-type 57159), but has conducted an additional investigation into Defendant C in accordance with the order of re-investigation (No. 2017-type 579).

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