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Reasons
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(영문) 서울중앙지방법원 2015.07.03 2011가단125012
자재대금 등
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1. The claim of this case is dismissed.

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

Reasons

(c) remain;

The Defendant’s remaining damage claim 7,468,969 won is offset on an equal amount on August 1, 2010 (from the date following the expiry date of the contract), which is an offset against the Plaintiff’s claim for materials destroyed and lost, by the amount of KRW 57,601,456, and the balance of the Plaintiff’s claim for materials destroyed and lost [the sum of KRW 50,131,464 [the sum of KRW 57,60,456 - 7,469,92 [the sum of KRW 7,468,969 and damages for delay from July 31, 201 to August 1, 2010].

C. (1) The Defendant asserts to the effect that there was an error in the materials leased and returned by the Plaintiff, and that there was damages to the Defendant as to the error portion. The Defendant’s assertion to the effect that the Defendant calculated the destroyed materials fee for the materials returned in excess of the Defendant and raised a set-off claim.

In addition, the defendant's excessive return of 60*1200 material 895, 400*900 material, 87, 450*900 material, 23, 450*900 material, 450*1200 material, 450*120 material, 450*120 material, 124, 69, 69, 269 of each pipe 2m material, and 269 are recognized. In addition, in light of the fact that the plaintiff failed to return the excessive received material from the double trheat as of the date of the closing of argument, and that there is no settlement procedure between the plaintiff and the defendant, it is reasonable to deem that the plaintiff made excessive return of the material.

Furthermore, in light of the fact that the quality or value of the materials that the Defendant returned at the time of the return of the materials is deemed to have fallen more than the time of the supply, and that the returned materials except the destroyed items are scheduled to be reusable, the price of the materials that the Defendant returned is in accord with the principle of fairness to calculate the value of each item as the publicly notified tax amount.

in this respect.

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