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(영문) 수원지방법원성남지원 2019.01.08 2017가단215062
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from December 23, 2013 to January 8, 2019.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purpose of the entire pleadings as a whole with respect to Gap evidence 2, 3, 18, 19, 20, Eul evidence 1, 20, witness C's testimony.

In 2012, the Defendant awarded a contract to Police Officers C for the construction of a new building for multi-household D (hereinafter “instant construction”) on the instant ground, and around that time, C entered into a lease agreement between the Plaintiff and the Plaintiff for construction materials to be used at the construction site (hereinafter “instant lease agreement”).

B. C leased 16,174 building decrepites, such as water pumps, from the Plaintiff pursuant to the instant lease agreement between June 2012 and July 2012, and carried out the instant construction.

C. B around September 2012, the Defendant and the instant construction cost had different opinions, and C suspended the construction work and left the construction site by leaving the said building site as it is at the construction site.

After that, the Defendant completed the construction of the instant case, which was interrupted directly, and the said construction was used during the construction process.

E. From the completion of the instant construction project, the Defendant demanded C to recover the building snow that was completely used, and stored the building snow at the construction site, and C only took part of the building snow.

F. On February 2013, 2013, after completion of the instant construction project, the Defendant: (a) moved the remaining construction temporary materials that were partially recovered by a policeman C to an adjacent emptyter, etc.; and (b) subsequently, C brought some of the construction temporary materials.

G. Around March 2013, the Defendant sold at KRW 6,000,00 pipes, etc. 6 meters of construction snow materials kept in a nearby factory sites, etc. in the instant construction site to the “E” located in the voice group. Accordingly, the Defendant was subject to criminal punishment of KRW 5,00,000 due to embezzlement.

(2) Determination as to the Plaintiff’s assertion

A. The plaintiff's assertion is owned by the defendant.

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