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

A. The Plaintiff is an insurer who entered into a comprehensive movable insurance contract with the lower court for lighting equipment and insurance coverage from August 17, 2013 to January 14, 2014.

The Defendant was awarded a contract for the construction work of outdoor sets (such as the joint movie theater and water tank) located in the movie theater (hereinafter referred to as the “instant construction work”) located in the movie theater at the Namyang-si to be used in photographing a motion picture from Hayang-si.

(hereinafter referred to as the “instant contract”). B.

On September 8, 2013, at around 10:00, one wall was collapsed, and approximately 450 tons of water was released at a time.

(hereinafter “instant accident”). As a result, aquatic damage was caused by lighting equipment, cable lines, etc. of the Harina, which had been located therein.

C. On May 22, 2014, the Plaintiff, as an insurer, paid 21,435,038 won in total, including 18,570,038 won and 2,865,000 won on July 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant shall manage the object during the period of bilateral life after the concrete building, and deliver the object to Harina after the period of bilateral life expires. The Defendant delivered a water tank to Harina on September 2, 2013, which was composed of concrete building, and did not notify the fact that the period of bilateral life is needed on the side of Harina.

As above, the Defendant violated the obligations under the instant contract.

(2) 이 사건 도급계약 8조 3항은 ‘시공 완료 후 촬영 전까지 세트에 대한 하자(크랙 발생, H빔 휨 현상 등) 발생 시에는 을(피고)이 책임을 진다‘고 규정하고 있고 이 사건 사고는 도급 목적물의 하자로 인한 것이다.

(3) The Defendant suffered loss due to the Defendant’s breach of duties under the contract agreement and the defect of the contract object.