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(영문) 서울중앙지방법원 2016.09.30 2015나66693
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the first instance except for addition or modification as follows.

2.The addition or modification shall include the following between the 12th and 13th of the Judgment of the first instance.

“Defendant B, on the premise that there is no lost temporary material due to the instant accident, should be calculated on the basis of only the remaining temporary material stored in the Plaintiff Company at the time of the appraisal conducted at the first instance trial. However, the appraisal result of the appraiser at the first instance trial, which is calculated in a greater quantity, is alleged to have been erroneous. However, the collapse accident of the “C-building” of this case, was considerably significant, and a large number of the temporary material in this case was destroyed in the process of breaking concrete strawers, steel bars, and other building materials after the accident, and the number of the temporary material claimed by the Plaintiff to be supplied by the Plaintiff was not disputed, and the Co-Defendant A corporation at the first instance trial, who was supplied with the instant temporary material, did not raise any objection against the quantity of the material claimed by the Plaintiff. In fact, the Plaintiff and both parties present at the date of the first instance trial and exchange their opinions on the date of appraisal, and in light of the fact that the appraiser conducted the appraisal, it is difficult to accept the appraisal as follows.

“(3) The Defendant Corporation is not liable for negligence to I merely because it has trusted structural statements prepared at will by G, an employee of Defendant B, and approved roof concrete building works.

(2) The accident of this case is caused by a defect or a defect in the construction of the temporary material itself.

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