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(영문) 청주지방법원 2018.09.06 2016가합22995
손해배상(기)
Text

1. The Defendant’s KRW 79,436,938 for the Plaintiff and KRW 5% per annum from August 30, 2016 to September 6, 2018.

Reasons

1. Basic facts

A. On December 2007, the Plaintiff newly constructed a building on the D ground of Jincheon-gun, Chungcheongnam-do (hereinafter “instant building”) and completed only the outside works of the building, such as steel structure, roof walls, floor concrete retaining walls, etc., and used the said building as a compost.

B. From around 2009, the Plaintiff had been operating the swine breeding business under the trade name of “I” by leaving pigss, wastewater treatment plants, etc. on each ground of Jincheon-gun, Chungcheongnamcheon-gun, E, F, G, and H.

C. On February 15, 2016, the Plaintiff entered into a contract with the Defendant for construction of solar power generation facilities on the roof of the instant building (hereinafter “instant construction”). On July 18, 2016, the Plaintiff entered into a written execution order with the following content.

1. B (Defendant) In the course of constructing solar power infrastructure, the construction shall be executed on the basis of safety fully to ensure that fire or damage does not occur in the course of work, and, if any, shall be fully responsible at the construction company and shall be given due compensation in consultation with the Plaintiff or its customers.

2. Construction shall be conducted to prevent the leakage of roof in the course of installing solar structures, and if there occurs any leakage of roof in part or part after the installation of the building, the construction company shall immediately take measures to prevent damage to the existing facilities;

On 2016, the Plaintiff completed the construction of interior facilities of the building, such as the wall and interior board works, decentralizations, and air conditioners, in order to use the building of this case, which was used as the early compost in spring.

(hereinafter “the inside facilities of this case”). (e)

The Defendant subcontracted the part of the structure during the instant construction to the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”).

F. On July 21, 2016, a fire (hereinafter “instant fire”) occurred while the intervenor performed an adjoining work for installing a structure on the roof of the instant building, and the instant building was destroyed due to the said fire.

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