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(영문) 서울중앙지방법원 2015.02.13 2014가단32715

손해배상

Text

1. The Defendant’s KRW 62,395,740 as well as the Plaintiff’s KRW 5% per annum from December 27, 2013 to February 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. (1) Determination as to the cause of the claim (A) The Plaintiff is a company operating its business in the building on the ground of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) with the purpose of manufacturing handbags and bags, etc., which is owned by the Plaintiff, and the Defendant is a company engaging in manufacturing and selling water purifiers, raina, etc.

(B) The Plaintiff and the Defendant entered into a contract with the content that the Defendant set up a siren on the rest room of the instant building (hereinafter “instant contract”). Accordingly, on December 27, 2013, the Defendant visited the instant building and started to do so. The Defendant’s employee A, while doing so in the fourth floor toilets of the instant building, shall start the installation of a drainage valve that regulates the water supply of the fourth floor male toilets and female toilets at the end of the instant construction. However, even though the Defendant’s employee A shall start the installation of a drainage valve that regulates the water supply of the fourth floor, only one of the valves controlling the water supply of the male toilets and one of the valves regulating the water supply of female toilets was opened as it is, and then, at around 18:50 on the same day, 4 female toilets from the instant building to the 2nd floor of the instant building (hereinafter “the instant 2nd floor of the instant building”) through strong pressure.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 3 (including a provisional number), and the whole purport of the pleadings (2). According to the above facts of recognition, the defendant must first confirm whether the drainage pipe shuts down for the prevention of water leakage in the toilet of the building of this case was properly installed, and conduct installation work without properly ascertaining whether it shuts down the valves.