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(영문) 서울고등법원 2015.11.26 2014나2049942
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

. The 17.15 tons of the size is the goods owned by the Plaintiff in conformity with the specifications stated in the estimates related to the instant contract, among the dispute in this case, the remaining H-sn beams of the dispute in this case, and 588*300*12*20 metric 18.24 tons of the size 18.24, 250*250 1.69 tons of the size are the materials contained under the re-trial trial and are the goods owned by the Plaintiff that the Plaintiff puts in the establishment of a re-trial.

However, in the case of the safety stairs No. 8 of the attached list among the dispute of this case, the witness of the first instance court testified that the above safety stairs are owned by the human construction rather than the plaintiff. The statement in the evidence No. 19 (W's Statement Authentication) which appears to be different from the above testimony is insufficient to recognize the fact that the safety stairs are the goods owned by the plaintiff, and there is no other evidence to acknowledge it.

Ultimately, among the dispute in this case, other articles except the safety stairs listed in the separate sheet 8, i.e., 300*300*10*15 76.16 tons, 300*20*9*14 17.15 tons, 588*30*12*20 18.24 tons, 250*250 1.69 tons and 2 through 6, 10, and 11 of the separate sheet 1 shall be deemed to be owned by the plaintiff.

(2) In full view of the evidence and the testimony of the first instance court witness J as a legal representative of the defendant, the defendant K requested removal of the obstacles of this case, including the plaintiff's own goods, and replacement execution as to the transfer of the land of this case, and notified the plaintiff K of the fact that the above execution was included in the obstacles of this case around October 29, 2012 at the time of commencement of the above execution, and that the plaintiff and Manman Construction JJ made notification to K of the fact that the obstacles of this case are included in the parts owned by the plaintiff of this case, and later, after obtaining the confirmation of Manman Construction and Bac, the plaintiff's possession of the plaintiff's goods from among the dispute of this case.

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