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(영문) 울산지방법원 2017.11.02 2016가단62698

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 13, 2014, the Plaintiff was awarded a subcontract for the instant construction work from MPgas Co., Ltd., Ltd. (hereinafter “instant construction work”), which was awarded a contract for the construction of a small storage tank supply facility located in Yongcheon-si (hereinafter “instant construction”) among the small storage tank distribution projects implemented by the Korea LPgas Industry Association (LPgas; hereinafter “LP gas”).

(hereinafter “instant construction contract”). On the other hand, on November 25, 2014, the Defendant concluded a contract between B and B’s representative C to supply LP gas to the said 44 households (hereinafter “instant supply contract”).

B. According to the instant construction contract, the Plaintiff performed construction works, such as gas tanks, gas pipes, leakage shielders, gas shield valves, and boiler installation for the supply of LP gas from November 2014 to December 2015.

C. On January 9, 2015, D, an employee of the Plaintiff, performed the work of attaching a gas valve to the gas pipes newly installed in Youngcheon-si E (hereinafter “instant housing”) and connecting the string of gas bags. The connection work of boiler and boiler room gas pipes installed in the instant housing was not carried out.

The gas valves in the boiler room installed a gas valve, but the end part was opened without taking measures such as the closure of a caps. D.

After that, G, an employee of the Plaintiff, opened a valve in the gas storage tank so that LP gas can be supplied to each household B. Since the gas valve in the boiler room of this case was opened on the wind, the gas valve in the boiler room of this case was leaked.

E. G listening to the speech that gas smells in the instant house from F at around 13:40 on the same day, and the gas leaked in the instant house is in the vicinity while checking the cause from the kitchen of the instant house.