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(영문) 서울중앙지방법원 2015.09.16 2014나67668
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. The reasoning of the judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420

(A) The judgment of the court of first instance at the 6th on the 2nd day of the judgment is “ADC,” and “ADC” at the 2nd bottom of the two second part as “AD&C and Balone Starb,” and “ADC” at the 6th day from the 2nd bottom to “AD&C and Balone Starb,” respectively, and “the instant accident” at the 5th day above 4th day to the 5th day as “instant fire.” However, the lower judgment as to the Defendant’s assertion is added.

2. The Defendant’s additional determination is not due to the Defendant’s electrical construction, i.e., electrical ship or electric cable specifications, but linked electrical products that exceed the electrical capacity scheduled at the time of designing, and thus, the Defendant’s failure to conclude the cause of the fire as a defect in the Defendant’s electrical construction.

② Also, due to a fire that occurred on November 17, 2012 (hereinafter “first fire”) and occurred on November 17, 2012 (hereinafter “the instant fire”), the Defendant cannot be held liable for the instant fire, given that the instant fire is likely to have been changed due to the change in electric power distribution lines or electric specifications in the process of temporary electrical construction.

③ Furthermore, on September 13, 2012, AWC prepared to the Defendant on September 13, 2012 and prepared to the Defendant, B, and as follows, “each of the instant notes”

In order to deduct the cost of defect repair in KRW 36,360,000, the Defendant did not issue a warranty insurance policy for defect repair, and Ghana did not hold the Defendant liable for the fire of this case. As such, AD&C in accordance with the respective text of this case waives its right to claim damages against the Defendant.

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