(영문) 수원지방법원평택지원 2019.02.07 2017가단59329

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(영문) 수원지방법원평택지원 2019.02.07 2017가단59329

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 125,896,00 and the interest rate of KRW 15% per annum from September 2, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On June 26, 2017, the Plaintiff entered into a contract with the Defendant and Asan City Construction Site C (hereinafter “the instant construction site”) to lease KRW 10,000,000 of the monthly rent of KRW 25 tons (D; hereinafter “the instant C”) of the vehicle onto the vehicle tower-type mobile rail (hereinafter “the instant construction site”).

(hereinafter “instant lease agreement”). B.

On August 4, 2017, around 13:00, at the construction site of this case, there was an accident involving the cateral booming of the instant crick in the direction where the cricks are loaded in order to take up the cracks for cracks.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, 115,896,00 won is included in the instant repair cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4, and the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Defendant, the contractor, should first check the ground condition when he intends to use the instant cream, but neglected to check the ground condition, and caused an accident where the ground in which the part of the bridge in front of the left-hand side of the cream was collapseed, and the cream was transferred. Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to the repair cost of the cream.

In addition, the defendant is liable to pay the unpaid rent of KRW 10,000,000 to the cater of this case.

B. The Plaintiff is not the owner of the instant ready-water, and thus cannot exercise the right to claim damages based on ownership.

The parties who entered into the instant lease contract with the Plaintiff are E who is not the Defendant, and the Defendant only entered into a subcontract with E on the instant construction work.

The defendant is not liable for the accident of this case since the Crest's Erestal did not properly install the Erestal of this case.

3. Determination

A. First, the Plaintiff is a lessor of this case.

유사 판례

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-서울동부지방법원 2018.04.20 2017나24252

-대전고등법원 2016.12.23 2015나15168

-의정부지방법원 2015.11.20 2014가단116349

-수원지방법원 평택지원 2017.10.26 2017고정101