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(영문) 부산지방법원 2018.09.19 2018가합40283

손해배상

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1. The Defendant Young-gu Co., Ltd.: (a) KRW 1,277,650,000 for the Plaintiff and its corresponding amount from December 19, 2017 to September 19, 2018.

Reasons

Basic Facts

The Plaintiff is a company established for the purpose of construction business, etc., and is contracted with the construction business of constructing a new building (the name of a building: B) with the underground floor and the 11th floor above ground level from Yangsan-si Co., Ltd. (hereinafter referred to as the “instant site”).

Defendant Young-gu Co., Ltd. (hereinafter referred to as “Defendant Young-gu”) is a company subcontracted by the Plaintiff for civil engineering works (hereinafter referred to as “instant civil engineering works”) among the construction works of the said building, and Defendant Young-gu Co., Ltd. (hereinafter referred to as “Defendant Young-gu”) is a company for which Defendant Young-gu has given up the instant civil engineering works after Defendant Young-gu waived.

On August 13, 2015, the Plaintiff entered into a contract under which the contract amount of the instant civil works is KRW 2,310,000,000, and the construction period is from August 13, 2015 to December 31, 2015 (hereinafter “instant subcontract agreement”).

From August 17, 2015, Defendant Young-gu had been engaged in the instant civil engineering works with Taejin Development Co., Ltd., C companies, and D companies. On January 30, 2016, water leakage was confirmed on the instant site (hereinafter “the instant primary water leakage accident”), and Defendant Young-gu had been engaged in the following reinforcement works from February 2, 2016 to March 3, 2016 and the adjacent building ground reinforcement works (LWP).

After the aforementioned reinforcement work, Defendant Young-gu re-established the instant civil engineering work, but on May 8, 2016, the occurrence of water leakage was confirmed again on the instant site (hereinafter “the instant secondary water leakage accident”), and accordingly, the Yangsan City requested the Plaintiff, the owner of the building, and the supervisor to conduct a safety inspection of the underground structures around the instant facilities, neighboring buildings, etc. on May 13, 2016, and submit the result of the safety inspection and the soil-saving work plan for the reinforcement work of water leakage facilities.

Defendant Young-gu, on May 23, 2016, shall assist the Plaintiff in the course of performing the civil works of this case.