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(영문) 광주지방법원 목포지원 2018.02.22 2015가단9668

손해배상(기)

Text

1. The Defendant’s KRW 10,061,00 for the Plaintiff and 5% per annum from September 10, 2012 to February 22, 2018, and the following.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is the owner of the 1st underground and the 2nd ground-based building located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”). The Plaintiff is a company that engages in fishery products processing and wholesale and retail business.

B. On May 20, 2012, the Plaintiff entered into a contract with C to lease the first underground floor of the instant building (hereinafter referred to as “the underground floor of the instant building”) with a deposit of KRW 50,000,000, and the period from May 20, 2012 to May 19, 2015, respectively (hereinafter referred to as “instant lease contract”), and received delivery from C of the instant building.

C. Thereafter, on September 10, 2012, the Plaintiff entered into a contract with the Defendant to have the Defendant carry out air conditioners, freezing and freezing and freezing facilities on the underground of the instant building (hereinafter “instant construction contract”) by setting the respective periods from September 10, 2012 to October 15, 2012, respectively.

Article 8 of the instant construction contract provides that “All responsibilities in connection with all construction works under this contract shall be borne by B (Defendant) and all responsibilities for damages due to negligence and negligence in safety management shall be borne by B (Defendant).”

After concluding the instant construction contract on September 10, 2012, the Defendant received KRW 30,000,000 from the Plaintiff out of the price of the instant construction contract.

E. The Defendant awarded a subcontract to E during the instant construction, and E said that “I request the owner of the building to remove water as it is difficult to perform work due to water supply” while performing the instant construction.

F. Accordingly, from September 15, 2012, the Defendant representative F instructed G, which had been working as the Defendant’s daily human body from around September 15, 2012, to the effect that “the removal work of water in the underground of the instant building is H.

G. On September 20, 2012, around 14:58, G stipulated water in the ground of the instant building.