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(영문) 서울남부지방법원 2015.11.05 2014가합103771
손해배상(건)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. On August 201, 201, at the time of the commencement of the construction work, the Plaintiff requested the Defendant to recover and minimize damages by extracting steel materials that are put into the installation work after the completion of the excavation work, and the Defendants received them.

After completing the construction work, the Plaintiff recovered 11.2 tons, which is part of the steel materials put into the site with the approval of the Defendants from August 27, 2012 to August 29, 2012, and thereafter, the Plaintiff suffered damages equivalent to the value of steel exchange which was scheduled to be recovered by the Defendants, by preventing the Defendants from collecting steel materials, in order to prevent the Plaintiff from collecting steel materials.

The Defendants are obligated to pay damages to each of the Plaintiff KRW 112,50,00 for damages (=114.8 tons of the recovered quantity (126 tons of the recovered quantity - 11.2 tons of the recovered quantity) x 980,000) and damages for delay.

B. The plaintiff filed an application with the Fair Trade Commission for mediation against the defendants for the payment of damages to the president lecture. Since the Fair Trade Commission rejected the plaintiff's assertion as to the lecture materials of the president, the lawsuit of this case constitutes the prohibition of double lawsuit. Since the mediation was concluded by the above Fair Trade Commission and the defendant has already paid the adjusted amount, the lawsuit of this case is without merit, and it is contrary to the prior agreement with the Fair Trade Commission, and thus, it also violates the principle of good faith.

② Since the Plaintiff incurred loss due to the Plaintiff’s failure to obtain approval for the modification of the design for the requisition of steel, the Plaintiff may not charge the Defendants for the expenses incurred in the failure to input and launch of steel materials.

(a) the facts of recognition;

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