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(영문) 서울고등법원 2015.04.16 2014나13473

손해배상(기)

Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

Basic Facts

The relationship C between the parties is a person engaged in the manufacturing business of shower (goods inserted between V and width) with the trade name of “E” in Bupyeong-gu Incheon Bupyeong-gu H, Incheon, and the Plaintiff is a partner in the above E with C’s dynamics, and the Defendant is a person engaged in the sale and repair business of air compressors with the trade name of “F” from Incheon Bupyeong-gu I.

원고의 이 사건 공기압축기의 설치 경위 C은 2011. 1. 13. 피고로부터 중고품인 'AIR COMPRESSOR WLP 10HP/200L 8.5kgf/㎠'(이하 ‘이 사건 공기압축기’라 한다)를 1,045,000원(부가가치세 포함)에 매수하였다

(hereinafter “instant sales contract”). On January 13, 201, and January 14, 2011, the Defendant intended to install the instant air compresseder within the E factory building, but was not installed on the ground that C is bad as another business.

Accordingly, the defendant explained to C the matters of attention at the time of establishment, and tried to set up his own contact.

However, on January 15, 201, C instructed the Plaintiff, who did not contact the Defendant and did not have expertise in the electrical ship, to install the air compression machine in the E plant building.

When the electrical distribution line of the air compressor is linked to both the normally input measurement and output measurement, it goes through the magic position of the control team. The Plaintiff, according to C’s instruction, connects all the electrical distribution lines to the output side at the bottom of the control team, which was directly connected to the old platform, and accordingly, the magic position was not operated because all the distribution lines were not supplied to the magic position.

After that, 3 to 5 minutes have passed since the Plaintiff started operation with all of the air compresseders for trial operation, and the pressure vessel of the air compresseders of this case (hereinafter “instant vessel”) explosiond.

(c).