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(영문) 수원지방법원안산지원 2019.08.14 2018가단61249
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of manufacturing electric parts, etc., and the Defendant is a corporation with the purpose of urban gas construction business, etc., and C (hereinafter “C”) is a corporation with the purpose of leasing real estate.

B. On June 23, 2016, the Plaintiff leased the third floor E-dong general steel structure, and the third floor of the 3rd floor (hereinafter “instant factory”) among the three-story factories (hereinafter “the instant factory”) located in Ansan-si, Ansan-si, Seoul-si, the Plaintiff was engaged in the business of manufacturing handphones for the third floor of the instant factory from around that time.

C. On June 28, 2016, C awarded a contract to the Defendant for an alteration of gas pipeline installed on the instant factory outer wall (hereinafter “instant construction”). D.

On the other hand, between F on February 1, 2008, the defendant entered into a business agreement with F on the content that F will perform the urban gas-related construction works contracted by the defendant and divide profits.

F The F did not directly perform the construction work but did not do so and performed the construction work in a way that the Defendant concludes a subcontract with the Defendant and executes the construction work. G concerning the instant construction work as a construction business operator. On July 1, 2016, the Defendant entered into a subcontract with G on the instant construction work.

E. On July 1, 2016, H, a melting company, performed a melting work to change urban gas pipelines from the factory outer wall of the instant case.

However, the factory outer wall of this case was attached with inflammable substances, but H did not take measures such as installing a string, etc., even though it was obligated to prevent the occurrence of fire by sprinking inflammable substances, such as installing a string, etc. in advance.

As a result, it is necessary to transfer the fire in the vicinity of H's work to the sti pumps attached to the outer wall of the factory of this case, so that the part of the plaintiff's three floor factory of this case can be restored to the sti pumps.

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