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(영문) 인천지방법원 2015.04.02 2013가단237811

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 25, 2012, the Plaintiff was awarded a subcontract for the construction of machinery and equipment and sprinking pipe pipes from a promotion enterprise corporation to a new A apartment construction corporation.

B. The Plaintiff received from the Defendant the supply of the sprinker products necessary for the construction of the above pipes, and installed them in the above apartment complex.

C. On August 29, 2013, around 14:55, the string of the stringer hedging installed in the ceiling of the above apartment building 704, 1002 (the instant apartment building) led to the occurrence of an accident in which water was accumulated in the living room and the household, home appliances, remote areas, etc. are flooded.

(the instant accident). D.

On September 25, 2013, the Plaintiff entered into the Seoul Metropolitan Government Ampia Co., Ltd. on September 25, 2013, and paid a total of KRW 28,600,000 to the members of the apartment building B, and paid KRW 19,00,000 in total to the occupants of the apartment building B as temporary monthly and mental damages.

[Ground of recognition] Facts without dispute, Gap 3 through 11, 14 (including each number), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the heat of the instant product ought to fall only from the temperature suspected of fire. Even after the Plaintiff’s establishment, the instant product did not seem to exceed water leakage, etc. for ten months, and the product fell away from the HH’s heat without any change in external form.

Therefore, the product of this case has a defect in the manufacturing of the defendant, and the accident of this case occurred due to the above defect.

(2) The court below held that the defendant is liable to compensate for damages caused by inundation-related damage. The defendant is liable to compensate for the damages caused by inundation-related damage.

(Liability for Damages under the Civil Act or Product Liability Act) or Defendant B’s liability for damages on behalf of the Plaintiff, the Defendant paid the damages to the Plaintiff.