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(영문) 서울중앙지방법원 2018.12.07 2016가단5203202

구상금

Text

1. The Defendants jointly share KRW 30,328,784 with respect to the Plaintiff and the Defendant’s U.S. energy from July 29, 2016.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 through 8, it can be acknowledged as identical to the entry

According to the above facts of recognition, the Defendants are jointly obligated to pay the Plaintiff damages amounting to KRW 30,328,784 as well as damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 29, 2016 to October 10, 2016 for Defendant U.S. Energy Corporation, the delivery date of a copy of the complaint of this case, which is the date of the Plaintiff’s insurance payment, to October 10, 2016; Defendant A, by September 12, 2016; and each of the following day to the date of full payment.

2. Determination on the assertion of Defendant U.S. Energy Corporation

A. Defendant U.S. Energy Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a construction performance agreement with Defendant A, and according to the construction performance agreement, measures and liability for damages of the victim are entirely against Defendant A, and the Plaintiff’s claim against the Defendant Co., Ltd. is without merit.

B. On May 2016, comprehensively taking account of the overall purport of the arguments as to the statements in Gap evidence Nos. 2 and 4, the defendant Company concluded a service site construction contract where the defendant A received installation cost of 650,000 won per case and the construction site construction cost of 300,000 won. At around May 17, 2016, the defendant A formed a service site construction contract where the defendant A had a fire in this case where the steel pole was installed by connecting the steel pole to a sponser with an oxygen to install solar power generation facilities from the victim C's home roof located in Seosan-si, Seosan-si, 2016. According to the construction performance agreement concluded between the defendants, the fire in this case occurred under the responsibility of the defendant A even if any accident occurs.