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(영문) 서울동부지방법원 2018.08.31 2016가단123687
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts are found to be without dispute between the parties or acknowledged in Gap evidence No. 3 by integrating the purpose of the entire pleadings.

A. The defendant runs the wood industry.

B. The Plaintiff is the subcontractor of the interior work among the remodeling work for the relocation of the new house of Nonparty B Co., Ltd., and requested the Defendant to install the Rotent structure (hereinafter “the instant ceiling structure”) during the said work.

C. The Defendant’s figures installed the instant astronomical structure using tinboards and MDF jointboards.

On February 4, 2016, some of the instant astronomical structures fell.

E. After that, the Plaintiff removed the entire natural structure of this case and re-established it by adjoining to metal plates, which are not tind and fixed.

2. The Plaintiff asserted that the Plaintiff re-subcontracted the construction of the instant natural structure to the Defendant.

In the construction of the instant astronomical structure, there is a defect in the construction that the Defendant did not fix tinboards and MDF jointboards together with spons so that they can not read their load. Accordingly, the Plaintiff spent an amount equivalent to KRW 32,072,730, which is the cost of re-installation of the instant astronomical structure.

Therefore, the defendant is obliged to pay it to the plaintiff as compensation in lieu of defect repair.

B. The defendant sent the human body at the request of the plaintiff, not re-demanding the installation of the instant natural structure.

The Defendant’s body installed the instant astronomical structure in a way that sets the lushed and MDF joint board together with the lushed and MDF joint board.

However, the instant astronomical structure must be built as above at the Plaintiff’s request, even though it should be built in order to check the load, and the Plaintiff’s figures were also brightnessd during the work, and eventually fall. The Defendant’s risk is above.

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