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(영문) 수원지방법원여주지원 2014.12.18 2014가합917
가설재대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the claim against Defendant New Co., Ltd.

A. The gist of the Plaintiff’s assertion was that the Plaintiff leased temporary materials, such as water pumps, to the Defendant New Co., Ltd. (hereinafter referred to as “Co., Ltd.”) related to the construction of one construction section of Kimpo-B site development works in relation to Kimpo-B site construction works in the Kimpo-B site development works.

Defendant New Cown did not return temporary materials equivalent to KRW 25,613,200, out of leased temporary materials.

Therefore, Defendant New Co., Ltd is obligated to pay the Plaintiff damages amounting to KRW 25,613,200, and damages for delay due to the destruction of temporary materials.

B. The summary of the Defendant New Co., Ltd’s assertion is that Defendant New Co., Ltd leased temporary materials to the Plaintiff with respect to the construction of one Section for the creation of the Kimpo-B Housing Site. However, the Plaintiff’s employees C recovered all the temporary materials on November 4, 201.

C. In full view of the overall purport of the pleadings and arguments on the evidence Nos. 14 and Nos. 11 through 11, it is recognized that D’s payment order (Seoul Northern District Court 201j117) for loans (1,270,000,000 and delay damages therefor) filed by D against the Plaintiff against the Plaintiff was finalized on Mar. 29, 2011; the Plaintiff transferred all of the temporary materials for the payment of the rent for, and the refund of, the temporary materials to D; the Plaintiff notified the transfer of the assignment of the assignment to Defendant New Zealand on July 4, 201; the Defendant New Zealand settled D and temporary materials, the assignee of the Plaintiff’s claims on Aug. 30, 201; and the Plaintiff’s employees and D and C collected all the temporary materials on Nov. 4, 2011.

According to the above facts, the Plaintiff had already transferred the claim for the return of temporary materials to Defendant New Cows to D, and notified the transfer of the claim to Defendant New Cows, and thereafter D collected all the provisional materials, so the Plaintiff did not have the right to claim damages due to the loss of the provisional materials to Defendant New Cows.

2. Defendant Ahion Construction,

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