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(영문) 서울중앙지방법원 2015.01.22 2013가합564472
인도청구 등
Text

1. Defendant A Co., Ltd. shall pay 195,637,215 won to the Plaintiff and 20% per annum from September 2, 2014 to the date of full payment.

Reasons

In light of the above, Defendant A’s existence of the part destroyed during the period of use by Defendant A among each of the temporary materials in this case, which was suspended from subcontracted construction work until June 13, 2013 is likely to exist; ② Defendant A exercised the right of retention until August 30, 2013 and occupied the site of the instant construction work; Defendant AD Construction could begin construction with the Plaintiff’s temporary materials until September 2013. Accordingly, it cannot be readily concluded that the items and quantities of the temporary materials remaining at the construction site of this case coincide with those of each of the instant temporary materials; ③ the items and quantities of the temporary materials recovered by the Plaintiff are not sufficient to acknowledge that each of the said provisional materials were destroyed or lost (i.e., the quantity of each of the instant provisional materials collected by the Plaintiff in excess of 10/150) and the quantity of each of the said provisional materials collected by the Plaintiff in excess of 30/150 of the quantity of each of the instant items and quantity of each of the instant provisional materials collected by the Plaintiff.

4. Thus, the plaintiff's claim against the defendant A is justified, and the defendant .

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