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(영문) 대구지방법원 2015.08.28 2014가합3928
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around May 2012, the Plaintiff concluded a construction contract with CNJ Co., Ltd. (hereinafter “CJ”) and carried out construction works with respect to the construction of a new urban residential housing unit on the ground B of Daegu Suwon-gu (hereinafter “instant construction”).

B. The Plaintiff leased part of the construction materials necessary for the instant construction work from the Defendant that is a company for the purpose of leasing the construction materials, and part of the construction materials owned by the Plaintiff were filled out at the construction site.

C. The Plaintiff suspended the construction, and CJE directly performed the remainder of the construction.

C. On September 2013, 2013, C.J. removed all of the construction materials at the construction site of this case, including the building materials owned by the Plaintiff, to the Defendant, and the Defendant confirmed some of the materials owned by the Plaintiff and returned them to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap 1's evidence, Eul 6-2, Eul 1's evidence, Eul's testimony, the whole purport of pleading

2. The parties' assertion

A. The Plaintiff invested construction materials equivalent to KRW 150,156,000 owned by the Plaintiff at the construction site of the instant construction site, and CJ removed all the above construction materials owned by the Plaintiff to the Defendant Company.

Since the Defendant received only a part of the construction materials from the Defendant and failed to recover the construction materials equivalent to KRW 103,182,00, the Defendant is obligated to pay the Plaintiff the said construction materials value of KRW 103,182,00 and the damages for delay.

B. The plaintiff visited the defendant company to confirm and take all the building materials owned by the plaintiff, so the plaintiff's claim is without merit.

The Defendant is obliged to pay to the Plaintiff.

Even if the plaintiff is not paid, 175,000,000 won shall be deducted.

3. The Plaintiff asserts that all the construction materials purchased in an amount equivalent to KRW 150,156,00 were put into the construction site of this case, but evidence No. 7 is proved to have been put into the construction site of this case.

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