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(영문) 대구지방법원 2017.11.10 2016가단128596

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Chief;

A. On September 12, 2013, the Plaintiff entered into a subcontract with the Plaintiff and the said Corporation (hereinafter only referred to as the “instant Corporation”) on the construction of the instant construction work, the Plaintiff entered into a contract for the extension of the warehouse in Yang-si located in Yangsan-si No. 1666, Yangsan-si. The Defendant entered into the said subcontract with the Plaintiff on September 12, 2013.

B. Unlike the plan under the direction, specifications and drawings of the Director of the Plaintiff’s site, the Defendant, while performing the instant construction, performed construction of ten sewage holess in the vicinity of the neighboring site site.

Therefore, the defendant is obligated to remove sewage constructed by mistake and reconstruct the sewage hole in a state where the borderline of the site is not invaded by a drawing, etc., and the cost of reconstruction is anticipated to require the degree of KRW 95,00,000 for the expenses for reconstruction. Therefore, the defendant is obligated to pay the money stated in the claim to the plaintiff.

2. According to the inquiry and reply of the fact about the non-party company, Yangsan-si, A architectural office, etc., it is confirmed that the wastewater constructed by the defendant is part of the construction work executed by the defendant outside the boundary of the construction work site for the extension of the warehouse.

However, the part where wastewater was constructed outside the boundary line of the non-party company's water supply site, the fact that the sewage supply system, etc. related to the sewage holes among the construction works of this case is in conformity with the standards prescribed by the Sewerage Act, etc. The non-party company, who is the owner of the construction of this case, has not received any report from the supervisor of the construction of this case, on the ground that there is a defect in sewage manle construction, etc. during the construction work of this case, and there is no problem due to the construction of the sewage manle construction outside the current boundary, but there is a possibility that there is any future problem.

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