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1. As to the Plaintiff KRW 41,874,582 and KRW 37,753,649 among them, the Defendant shall start on July 24, 2018, and the remainder 4,120.
Reasons
1. Facts of recognition;
A. On December 4, 2017, the Plaintiff entered into an insurance contract with C Co., Ltd. (hereinafter “C”) and Yeongdeungpo-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) with respect to the general risk of property, the liability of the owner of facilities, the manager’s liability, etc. as collateral for the insurance period from December 6, 2017 to December 6, 2018.
B. On August 13, 2015, the Defendant entered into a contract for interior works with C on the second floor of the instant building (hereinafter “instant contract”). The main contents are as follows.
8. Warranty period: Article 1 (Construction) (1) per year from the date of completion, the contractor shall perform the construction work in accordance with the terms of this contract and the design documents (including drawings, specifications, etc.).
Article 5 (Inspection of Construction Materials) (1) The materials used by the Corporation shall be new materials, and their quality, name, specification, etc. shall conform with the design documents.
However, unless specified in the design documents, the design documents must be more appropriate for accomplishing the purpose of the contract.
General Specifications
4.General matters - In principle, materials not indicated in drawings, etc. shall be used for KS products, and in the case of materials without KS products, products that do not interfere with the construction shall be used in consultation with the person in charge.
C. The Defendant subcontracted to E Co., Ltd. (hereinafter “E”) a part of the instant contract construction, pipeline construction, etc.
Around September 2015, the Defendant delivered the instant contract to C after completing the instant contract work.
E. However, around 01:00 on March 18, 2018, some of the diversary wkes (hereinafter “instant divers”) that the Defendant subcontracted to E and completed, were destroyed as shown in the attached Form, causing water leakage, thereby causing flood damage to the F Co., Ltd. (hereinafter “F”) and G places of business on the first floor.
F. The Plaintiff suffered loss from flooding by F and G 78,507.