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(영문) 창원지방법원 2016.12.21 2015가합33793

구상금

Text

1. The Plaintiff:

A. The Defendant Digital Engineering Co., Ltd. is 29,339,227 won and its related thereto. < Amended by Act No. 1283, Dec. 24, 2014>

Reasons

Basic Facts

The relevant Plaintiff between the parties was awarded a contract with the owner for the construction of the studio building C (hereinafter “instant building”) at the time of the studio (hereinafter “instant construction”).

On December 30, 2011, the Plaintiff subcontracted the installation and sanitary pipeline construction of the aforementioned construction to the Defendant macro engineering Co., Ltd. (hereinafter “Large Engineering”), with the price of KRW 100 million. Defendant macro Engineering re-subcontracted the gas pipeline construction of KRW 5.5 million during the said construction to the Defendant A, who was operating the gas supply facility business under the trade name “D” on March 14, 2012.

(However, the contract was made directly between the Plaintiff and the Defendant A). Defendant A re-subcontracted the gas pipeline construction to E, and E completed the gas pipeline facility of the instant building on June 20, 2012, and completed the completion inspection by the Korea Gas Safety Corporation.

On July 5, 2012, Defendant A entered into a contract for safety supply of liquefied petroleum gas with the owner B on July 5, 2012, and injected liquefied petroleum gas into completed gas pipes.

In addition, on July 7, 2012, Defendant A put the gas pipe injected liquefied petroleum gas into the boiler and the gas boiler installed in each household on July 7, 2012, and then supplied liquefied petroleum gas to the boiler in a way of diving the gas pipeline side and the gas boiler.

However, the gas boiler installed after Defendant A's work was leaked from the gas boiler installed by Defendant A due to the lack of a properly lock-up of metal flaps.

F, on July 10, 2012, at the instant building 303, at the location of the instant building: (a) sticking to an electrical container for moving to the cell; (b) sticking to the electric container at the place; and (c) the liquefied petroleum gas leaked from the instant electrical flame to the front door was explosiond and damaged by video, etc.

(c).