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(영문) 광주지방법원 순천지원 2018.08.29 2017가단1282

손해배상(기)

Text

1. The Defendant: (a) KRW 4,165,600 for the Plaintiff and 5% per annum from July 5, 2018 to August 29, 2018; and (b).

Reasons

1. Basic facts

A. The Plaintiff is operating a mutual bath called “D” in the net City C.

B. On July 2, 2015, the Plaintiff concluded a contract with the Defendant to install the waste heat recovery pumps and machinery and equipment installation works (hereinafter “instant construction works”) at KRW 57,00,000 for the construction cost (hereinafter “instant contract”), and the Defendant completed the said construction works around August 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant contract, the Defendant agreed to install the wastewater pipeline connected to the wastewater tank as a PVC pipeline 125m in diameter, but the Defendant constructed the wastewater pipeline with a diameter of 100m in diameter.

Therefore, the defendant should pay expenses incurred in re-installation the above wastewater pipeline with 125m PVC pipeline.

B. The existing PVC pipe pipes in the 1st floor of the bath site were damaged, rather than the standard of the pipe of the wastewater pipe installed by the Defendant, and leakage occurred.

Therefore, the defendant should remove pipelines generated by water leakage and compensate for the expenses incurred in reconstruction.

C. The Defendant is obliged to install a collection and alteration for the removal of foreign substances according to the instant contract, and thus, the Defendant is obliged to pay the cost of installation.

Since a remote control device installed by the defendant has failed to display the control tower's operating situation due to the malfunction of the remote control device, the control tower panel is not linked to the mobile phone and thus, it is required to pay the cost required for its repair.

3. Determination

A. In full view of the statements in Gap evidence 2-1 and 2 as to the specifications of wastewater pipelines and the purport of the entire argument as a result of appraisal by the appraiser, even though the defendant agreed to install wastewater pipelines connected to wastewater tanks as a PVC pipeline at the time of the above contract, the defendant constructed wastewater pipelines with a diameter of 125 meters in diameter, 100 meters in diameter, and 100 meters in diameter constructed.