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1. Defendant C shall pay to the Plaintiff KRW 121,758,815 as well as 12% per annum from June 15, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On November 27, 2017, the Plaintiff entered into a contract with Defendant B, who is engaged in the structure dismantling business, etc. under the trade name “D,” under which Defendant B would remove the deteriorated central heating-related facility pipes of the members A apartment of Ansan-si (hereinafter “instant apartment”) and sell the scrap metal generated therefrom at KRW 2,950,000 (hereinafter “instant contract”).
B. According to the instant contract, Defendant B completed all the work until December 2017, but agreed to compensate the Plaintiff for damages caused by intention or negligence during the contract period.
C. However, around December 28, 2017, the Plaintiff and the Defendants concluded a contract under which Defendant B renounced the instant construction work and changed the contractor’s status from Defendant B to Defendant C (hereinafter “instant modified contract”).
Around 09:00 on January 3, 2018, E, an employee of Defendant B, instructed I to work in the underground room located from Fdong G to H of the instant apartment complex, and I cut off the aged heating pipes using the oxygen cutting machine according to its instructions. However, there is a concern that fire may occur due to underground and the walls that were made up of the panel around the workplace, and then, there is a concern for fire, and thus, he should not store or store combustible materials within 10 meters around the workplace. If it is difficult to remove combustible materials, he neglected his duty of care to take protective measures such as prevention, but neglected to do so, he was found to have been responsible for cutting the heating pipes to the mountain cutting machine, and 10,000 square meters of underground water to be 10,000 square meters of underground water and 10,000 square meters of underground water pipes after spunching the walls created by the panel in the process of cutting the heating pipes to the mountain cutting machine.