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(영문) 서울중앙지방법원 2019.04.15 2018가단5033865

구상금

Text

1. Defendant B’s KRW 52,251,563 as well as 5% per annum from April 25, 2014 to May 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff incurred the instant accident between E and E on August 26, 2010, and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) located in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “Defendant Co., Ltd”).

3) A franchise coffee store (hereinafter “instant store”)

(2) E concluded a sales liability insurance contract with the content that the Plaintiff pays insurance proceeds in the event that any damage is inflicted on the subject matter of the instant insurance with the insurance period from August 27, 2010 to August 26, 2011. 2) E newly establishes the water pipe used in the instant store to construct the water pipe to separate the water pipe used in the other store of the instant building from the water pipe used in the instant building, and Defendant B awarded the said construction contract to G operated by Defendant B.

3) Defendant B’s building where the instant store is located on April 12, 2011 (hereinafter “instant building”).

(2) From April 15, 201 to pass underground route water pipelines, the Defendant Company constructed a water pipe for drilling another hole due to the difficulty in work due to steel framed, and the work was completed by opening the water pipe again on April 14, 201. However, from around 03:00 on April 15, 201 to around 06:00 on the same day, the air-conditioning pipe opening and closing valves at the bottom of the instant store (this case’s store was constructed on the side of the Defendant Company at the time of opening the instant store; hereinafter “the instant valve”) installed on the ground that it was difficult to do so, and the said work was completed by opening the water pipe at the bottom of the instant office, and the air-conditioning pipe installed on the ground of the water pipe to flow from the bottom of the water pipe to the bottom of the Defendant Company at the time of drilling, and the air-conditioning pipe was not connected to the Defendant Corporation.

As a result, substantial part of the fibers kept in H's office was flooded.

(c).