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(영문) 서울남부지방법원 2017.10.13 2016가단222044
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff is a company that subcontracted the installation of soundproof walls from Hyundai Construction Co., Ltd. (hereinafter “Nancheon Construction”), the contractor of the construction works for the five sections of the Seoul Chuncheon Expressway Highway, which is ordered by Seoul Chuncheon Expressway Co., Ltd. (hereinafter “Seoul Chuncheon Expressway”), and the Defendant is a company that mainly carries on the manufacturing business of metal products.

B. On October 22, 2008, the Plaintiff ordered the Defendant of KRW 68,500,000, which is a soundproof wall, to install soundproof walls of the above highway 5 section, to install soundproof walls, and around that time, the Plaintiff was supplied by the Defendant with the strong-sized noise plate, etc., and completed the construction of soundproof walls at the above construction site.

C. After that, the Seoul Chuncheon Highway requested Hyundai Construction to repair the overall defects related to the five sections of the Seoul Chuncheon Expressway, and Hyundai Construction demanded the Plaintiff to repair the defects due to the problem of soundproof walls painting painting for five sections and the problem of heating the three sections of the soundproof Highway.

On November 2015, the Plaintiff removed the soundproof walls installed by the Defendant’s use of the strong studle plate supplied by the Defendant, and received 30,946,50 won and installed the soundproof walls again at the construction site after being supplied with the Defendant with the strong studing plate equivalent to KRW 30,946,50 from the Defendant.

On December 31, 2016, the Plaintiff spent KRW 1,474,00,00 as the cost of cellphone materials, and KRW 18,414,00 as the cost of transport, and spent KRW 29,260,00 as the cost of leasing equipment for the removal and re-installation of soundproof walls on January 15, 2016. On March 31, 2016, the Plaintiff spent KRW 27,280,00 as the cost of removing soundproof walls.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5, and the purport of the whole pleadings】

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion is accompanied by the seals and seals of the steel plate supplied by the Defendant.

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