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(영문) 서울고등법원 2015.07.16 2014나2010319

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff was operating a place of business that manufactures lighting facilities, such as electric poles, (hereinafter “instant place of business”) with the trade name “C” from the underground floor of the building located in Nam-gu Incheon Metropolitan City (hereinafter “instant building”). On September 30, 2009, the entire place of business of the instant case was flooded from the floor level to approximately one meter high from the floor level, and the occurrence of an accident in which lighting facilities and equipment kept in storage in the instant place of business was divingd on water.

(hereinafter referred to as “the flood accident of this case”)

After the occurrence of the flood accident in this case, the Plaintiff requested drainage to the Incheon Southern Fire Prevention Center, and the fire fighters belonging to the Incheon Southern Fire Prevention Center were dispatched to the fire fighters, and the Plaintiff conducted and completed drainage work on the instant workplace from September 30, 2009 to this end.

C. On October 1, 2009, the Plaintiff visited the Dong-dong community service center in Incheon Metropolitan City to provide support such as drainage and cleaning work. At the time, F, working in the Dong community service center in the above Ddong community service center, had four to five desired workers, and conducted cleaning and painting of the wall surface of the instant workplace.

On October 26, 2009, the Plaintiff reported that the water supply managers installed in the vicinity of the instant place of business had been sold to the Southern Water Supply Center, and the employees G of the Water Supply Center in charge of the Water Supply Center in the Southern Water Supply Center under the Defendant had visited the instant place of business at around 18:00 on the same day, and confirmed that the water flows out of the instant place of business through the exchange hole installed outside the said place of business at around 18:00 on the same day, the Plaintiff completed the repair work of the water supply pipes replacing the new part of the “news” connecting the main pipes of the water supply pipes adjacent to the instant building with the water supply pipes newly replaced.

(hereinafter referred to as “the instant water leakage work.” [Grounds for recognition] A’s evidence 1 through 13, Eul’s evidence 1 (including each number; hereinafter the same shall apply), and the first instance court.