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(영문) 서울남부지방법원 2020.10.08 2018나65819
손해배상(기)
Text

Of the judgment of the first instance, the part against the plaintiffs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs, as married couple, are joint operators operating a mutual general restaurant (hereinafter “Plaintiffs restaurant”) in the name of “H” from the first floor F-G level underground of the building Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

Non-party I is a person who operates a mutual baker support shop (hereinafter “J”) on the first floor of the instant building.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that received from J the internal artificial test work and performed the work (hereinafter “instant work”). Defendant D is the head of the construction site of this case to which Defendant Co., Ltd belongs.

B. Pipelines that flown sewage from J and K Burial located adjacent thereto (hereinafter “K Burial”) on the first floor of the instant building are installed to be exposed to the Plaintiffs’ restaurants, as shown in the separate sheet.

However, on May 15, 2017, in relation to the instant construction project, Defendant D combineed that part of the said pipes were separated from the calendar phenomenon occurring in Janju-gu, and at around 12:30 on the same day, there was an accident in which sewage is accumulated into the restaurant room of the Plaintiffs (hereinafter “instant accident”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, each of the statements or images of Eul evidence 2, the court's entrustment of appraisal of appraiser N, the purport of the whole pleadings

2. The assertion and judgment

A. In order to solve the reverse phenomenon that occurred in the main outlet of the Defendant Company’s assertion 1 Plaintiffs’ claim, Defendant D, the chief of the Defendant Company’s site, dismantled the pipes located in the Defendant restaurant, without using the dismantling tool, and dismantled the pipes in his hand, and dismantled the pipes without any expertise or equipment, and thereby, caused a serious shock in the pipe part in which water leakage occurred.

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