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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.08.26 2015나2010651
인도청구 등
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

In light of the above circumstances, the Plaintiff could not be deemed to have satisfied the product and quantity of each of the provisional materials of this case during the construction site of this case and the quantity of each of the provisional materials of this case during the construction site of this case before June 13, 2013. The parts destroyed during the period of use by A among the provisional materials of this case are likely to exist. ② A, upon the delayed payment of wages of its employees, exercised the right of retention until August 30, 2013, and occupied the construction site of this case. The Defendant could begin construction using the Plaintiff’s temporary materials before September 2013. The Defendant could not be deemed to have satisfied the above circumstances. The Plaintiff’s specific circumstances are that the items and quantity of the provisional materials remaining at the construction site of this case are identical to the quantity of each of the provisional materials of this case and the quantity of each of the provisional materials collected by the Plaintiff cannot be deemed to have exceeded the quantity of each of the items and quantity of each of the provisional materials of this case (excluding the items and quantity recovered by the Plaintiff).

Therefore, the plaintiff's claim seeking the payment of damages equivalent to the cost of loss against the defendant is without merit.

5. The plaintiff's claim for conclusion must be dismissed in entirety on the ground that the plaintiff's claim is groundless.

The plaintiff's claim for restitution of unjust enrichment and loss.

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