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(영문) 인천지방법원 2020.08.13 2019나3691
손해배상금
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 3, Gap evidence No. 5, the testimony of the first instance court witness D, and there is no counter-proof.

On November 2017, the Plaintiff requested the co-defendant C of the first instance trial (hereinafter “C”) to perform the construction work for drilling sewage pipes of the Yeonsu-gu Incheon EF Housing (hereinafter “instant Housing”) owned by the Plaintiff (hereinafter “instant construction”).

B. C during the construction of the instant construction project, the construction of the instant construction project was suspended on the wind that the implements for drilling the sewage pipe attached to the sewage pipe, and the Plaintiff introduced the Defendant, a construction business operator, to the Plaintiff, and ordered the instant construction project to the Defendant.

C. On November 18, 2017, the Plaintiff paid KRW 2,300,00 to the Defendant the construction cost, and the Defendant completed construction work around this time.

On September 12, 2018, sewage was discharged from the sewage pipes of the instant housing, and the occurrence of some inundations inside the instant housing (hereinafter referred to as “instant accident”). Around September 12, 2018, D confirmed that D had a 15-meter radius in length from among the attempts to newly cut the pipes of sewage pipes, a construction section sping was able to turn on the pipe, and the pipe sping was removed by cutting the pipes.

2. Determination

A. The plaintiff asserts that the plaintiff asserts that the defendant is claiming for the payment of damages, since the sewage is underflow and the flood damage occurred in the housing of this case due to the defect in the construction of this case.

As to this, the Defendant resolved the problem of sewerage force by cutting off part of piping-lineing at the time of the instant construction, but finally notified and recommended the Plaintiff that he should replace pipelines. The Plaintiff notified and recommended the Plaintiff that he should replace pipelines.

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