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(영문) 서울남부지방법원 2019.01.15 2017가단243550

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) D Co., Ltd. (hereinafter “Nonindicted Company”) newly built the Geumcheon-gu Seoul Metropolitan Government E (hereinafter “instant building”) and completed registration of ownership preservation on October 9, 2012 in its name regarding the instant building.

(2) On May 20, 2014, the Plaintiff, as co-owners of F, G, and H, completed the registration of ownership transfer from the non-party company on March 17, 2014 as to the instant building I or H.

B. (1) On December 26, 2013, Nonparty Company: (a) supplied and installed a system cooling and heating apparatus to the 28th floor of the instant building; (b) concluded a contract with the Defendant for the supply of the system cooling and heating apparatus from December 1, 2013 to December 31, 2013; and (c) the supply price was KRW 133,936,000 (hereinafter “instant contract”).

(2) On December 2013, the Defendant installed the system cooling equipment under the instant contract (hereinafter “the instant outdoor equipment”) on the elevator mechanical room in front of the “purification tank exhauster” on the rooftop of the instant building. The instant outdoor equipment was corroded due to corrosion gas emitted from the said septic tank exhauster.

(3) The installation specifications of the instant corrosion shall be installed at the place where the instant corrosion gas, such as 'sanitable or alcargas,' is located.

The phrase of "the State" is written.

C. On September 2017, the Plaintiff acquired the damage claim for the instant corrosion accident from F, G, and H, other co-owners of subparagraphs I through J of the instant building, and the said assignment of the damage claim was notified to the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 11, Gap evidence 2, Gap evidence 3-1, 2, 3, Gap evidence 4, Eul evidence 2, 3, Eul evidence 7, and arguments.