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(영문) 서울남부지방법원 2018.11.02 2016가단38812
손해배상(기) 등
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 134,370,00, and KRW 86,610,000 among the above amounts.

Reasons

1. Basic facts

A. The Plaintiff is, as a construction machinery rental business operator, the owner of E navigationta (hereinafter “instant navigationta”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) is the starting work of Pyeongtaek-si F apartment construction (hereinafter “instant construction”) and Defendant C Co., Ltd (hereinafter “Defendant C”) was awarded a contract for the parts of file navigationta among the instant construction works from Defendant D.

B. On February 11, 2015, Defendant B, who operates a construction equipment company with the trade name of G, agreed to receive the payment by calculating the amount of KRW 11,500 per working meter (including surtax) from the Plaintiff as the monthly rent of KRW 12 million (excluding surtax). From November 17, 2015 to November 17, 2015 between Defendant C and the instant construction site.

C. From November 17, 2015, Defendant B sent H as the operator of the instant port apparatus at the instant construction site and sent H as well as assistcles articles, excavation articles, working group chiefs, soil, and cement mixtures. Defendant B sent off the instant port apparatus at the instant construction site.

As the construction was interrupted for three days due to wage payment between Defendant B and his husband during the instant port operation, Defendant C agreed to take over the seal of the instant port operation crew and others employed by Defendant B from Defendant B on December 6, 2015, and to pay the wages and operating expenses directly from December 9, 2015.

E. Around 08:50 on December 11, 2015, H moved the instant navigation gear to an outside part of the re-trial trial while driving the instant navigation gear at the instant construction site, and the instant navigation gear was destroyed.

F. After the instant accident, the Plaintiff requested the I Co., Ltd. to repair the instant port. On March 18, 2016, the said repair was completed, and the repair cost of KRW 65,150,000.

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