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(영문) 서울고등법원 2015.07.21 2014나2048543
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of selling and leasing construction machinery, and the Defendant is a corporation that runs the business of constructing reinforced concrete.

B. On February 2012, 2012, the Mine Construction Business Co., Ltd. (hereinafter “Magjin Construction Business”) was awarded a subcontract for reinforced concrete construction works (hereinafter “the instant construction works”) from among the construction works for the Incheon Ship Stick Stick Stick Stick Stick Stick Stick Stick Stick Stick Stick Stick Stick Sticking Co., Ltd. (hereinafter “Korea High Stick Industries”) and around August 9, 2012 from among the construction works for the Incheon International ice Stick Sticking Sticking Sticking Sticking Sticking Sticking Sticking

C. On September 13, 2012, the luminous Construction Co., Ltd. concluded a lease agreement on temporary materials to be used at the instant construction site from the Plaintiff (hereinafter “instant lease agreement”) with the Plaintiff. The key contents are as follows.

The written estimate attached to the lease agreement of this case is written as "value-added tax: Separate", and each basic fee and cost for each item are determined, and 1. Details of lease articles: General household material.

2. Term of lease: From September 13, 2012.

3. Lease site: The construction site of this case.

4. Method of paying rents: Conditions of cash payment as of the end of the following month.

5. Other: (1) The above paragraphs 1 to 4 of this Agreement may vary depending on the transaction invoice details, and the contents of this Agreement shall be governed by the transaction invoice and the statement of the transaction invoice. On June 1, 2000, a separate sheet: (6) The Magjin Construction Business must be fully aware of the fact that the Plaintiff owns the leased object, and comply with the following subparagraphs. (1) The Magjin Construction Business has the duty of due care of a good manager in using and keeping the leased object from the acquisition of the leased object to the return of the leased object. (1) The Magjin Construction Business has the duty of due care of a good manager in using and keeping the leased object from the acquisition of the leased object to the return of the leased object. (1) The Magjin Construction Business shall comply with the relevant laws and regulations.

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