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(영문) 서울고등법원 2015.05.28 2014나41027
손해배상 등
Text

1. Of the text of the judgment of the court of first instance, the part against the Defendants under Paragraph 1 is modified as follows.

Defendant.

Reasons

1. Basic facts

A. On October 14, 2005, the network A newly built two buildings on the ground (the building of this case, including Dong Dong Dong Dong Dong Dong Dong and Dong, hereinafter referred to as "the building of this case") and one parcel of land, Dong Dong Dong-dong, Seoyang-gu, Seoyang-si, Seoyang-si, and the building of this case, and only if it is necessary to distinguish it, the building of this case or the building of this case is specified as the "the building of this case"

B. On April 26, 2012, the network A entered into a contract with the Defendant P&S Engineering Co., Ltd. (hereinafter “Defendant P&S Engineering”), under which the construction of solar power plants in the instant building (hereinafter “instant construction”) is to be subcontracted to KRW 108,90,00 (including value-added tax) (hereinafter “instant contract”), and paid Defendant P&S engineering additional down payment of KRW 15,780,000 on July 21, 2012, pursuant to the instant contract, in addition to the down payment of KRW 15,780,00,000 on September 24, 2012, 2012 (hereinafter “instant contract”).

C. On August 24, 2012, Defendant P&S engineering entered into a contract with Defendant A&A Co., Ltd. to subcontract the instant construction work to Defendant A&A cost (hereinafter “Defendant A&A cost”) at KRW 90,000,000 (excluding value-added tax).

In addition, with respect to the instant construction project between B and B on the same day, the said Defendant entered into a re-subcontract to provide B with materials, such as solar cell boards, servers, and access teams, and to cover KRW 6,900,000 (excluding value-added tax) with the aforementioned materials for assembling steel structures and covering the exhaustr line work with the aforementioned materials.

C around 13:00 on September 24, 2012, with B’s instruction, performed a melting work to create a bridge with the roof on the roof of the instant building in operation. A fire accident occurred due to a fire caused by a melting fire, which leads to the entire building of this case (hereinafter “instant fire accident”).

(e)the network;

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