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(영문) 수원지방법원 2015.07.08 2013가단72776
멸실대금
Text

1. The Defendant’s KRW 515,500 as well as the Plaintiff’s annual rate of KRW 6% from July 25, 2013 to July 8, 2015.

Reasons

1. Facts of recognition;

A. From May 14, 2012 to March 22, 2013, the Plaintiff, who runs the business leasing temporary materials in the name of “B,” leased each material indicated in the table of “list of materials leased by the Plaintiff to enzymal ymn ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym mar

B. In addition, on May 29, 2013, the Plaintiff leased 30 square meters (defluence) among the materials listed in the attached Table 2 attached hereto (hereinafter “instant secondary materials”) to the Defendant, who is the principal contractor of the instant construction project, 30 square meters (defluence) among the materials listed in the attached Table 2 (hereinafter “instant secondary materials”), 50 square meters (48), copoppy (2.4M), 8, and copoppy (1.2M) (hereinafter “lease materials”), and the price of the said materials is as indicated in the corresponding column “unit of destruction” and “total product for each item” in the attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 9, 10, 12, Eul evidence 11 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff liable upon the assumption of the obligation pursuant to the instant claim as to the First Materials was concluded with the assumption of obligation that the Defendant would accept the obligation to return all the First Materials to the Plaintiff under the lease agreement for the First Materials. Thus, the Defendant is liable for returning all the First Materials to the Plaintiff, but the Defendant is also liable for returning all the First Materials to the Plaintiff, as indicated in the attached Table 3’s Schedule on Details and Value of the Second Materials to be Paid-in Materials (hereinafter “instant unpaid materials”).

The defendant asserts that the plaintiff should pay 49,832,060 won equivalent to the value of the non-repaid materials in this case as compensation for damages, since the non-return of the materials or the non-performance of the duty to pay the materials is impossible.

In this case, only the statement of No. 3, and each testimony of witness E and F, shall be made.

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