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(영문) 서울중앙지방법원 2018.01.23 2015가단5132648
손해배상(기)
Text

1.(a)

Defendant (Counterclaim Plaintiff) and Defendant C jointly share KRW 52,615,260 on the Plaintiff (Counterclaim Defendant) and their related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The status of the parties concerned is a company that manufactures and sells ready-mixed ( concrete) construction materials and supplies ready-mixeds to the F Stackch Construction Site (hereinafter “instant construction site”) under the EMM Private Investment Project Act, which is performed by D Co., Ltd. (hereinafter “D”), and Defendant B is a personal business entity that engages in construction machinery rental business in the name of “G”, and Defendant C is an employee of Defendant B (However, Defendant C entered itself as the representative C in the name of “G”) of Defendant B’s employees (However, Defendant C entered itself as the representative C) at the construction site using the pumps.

B. The instant civil petition and the Plaintiff’s suspension of delivery of ready-mixeds 1) Defendant C at the construction site of this case on August 20, 2014 (hereinafter “instant pumps”).

) After the Plaintiff’s construction work to remove ready-mixed supplied by the Plaintiff using the Plaintiff, it was found that three iron plates have been discovered from the racker network after cleaning the pumps, and the said iron plates were damaged by the iron plates that were supplied by the Plaintiff, and the Defendants demanded the Plaintiff to pay for the cost of repairing the pumps of this case and for the cooperation of the Plaintiff. However, on September 1, 2014, the Defendants filed a civil petition with the Plaintiff on a telephone (hereinafter “instant civil petition”).

2) On October 2, 2014, D notified the Plaintiff on October 2, 2014 that the order quantity planned to be supplied would also be revoked.

Accordingly, the Plaintiff will supply the construction site of this case from September 4, 2014 to December 19, 2014.

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