logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.09 2018나36674
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is to dismiss “damaged” under Section 2 of Section 4 of the judgment of the court of first instance, and except where the defendant adds “additional Judgment” as to the assertion emphasized or added by the court of first instance, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is to be cited in accordance with the main sentence of Article 420 of

2. Additional determination

A. approximately 46 tons of the Defendant’s alleged loss quantity are the quantities of 46 tons of safety steel in the dangerous section in the complex, and the amount was taken over by the Seoul Housing and Urban Corporation, the ordering person, and thus, the Seoul Housing and Urban Corporation should pay the amount of the loss settlement.

Since the Chungcheong Comprehensive Construction Co., Ltd. (hereinafter referred to as the "Settlement Comprehensive Construction") has used the above volume in the absence of an additional contract with the defendant, the rent and the amount of the settlement of the loss and loss after the termination of the contract between the defendant and the Chungcheong Comprehensive Construction shall be paid by the Chungcheong Comprehensive Construction and the Seoul Housing Corporation.

B. Even based on all evidence submitted by the Defendant, it is insufficient to acknowledge the fact that the Seoul Housing and Urban Corporation or the Chungcheong Comprehensive Construction Corporation agreed to directly succeed to the instant contract to the Plaintiff, and there is no other evidence to acknowledge it.

Rather, according to the instant contract, a contract shall be concluded in principle when extended for more than one month, and even if extended without entering into a contract, additional rents equivalent to the conclusion of a contract shall be calculated (Article 2(3)). In principle, the return of the original form for leased goods shall be based on the principle, and when the leased goods are cut, lost, or damaged during use (Article 3(5)). According to the terms and conditions of the settlement of accounts for goods, the fact that the return of goods is impossible or the amount of goods short of length shall be compensated depending on the price of the goods (Article 5(2) is as seen earlier, so the Defendant is the Plaintiff.

arrow