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(영문) 서울중앙지방법원 2016.10.19 2014나70817
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff as to KRW 683,322,398.

Reasons

1. Basic facts

A. Defendant A performed services upon the request of the design and supervision of the 6th floor factory building on the ground B (hereinafter “factory building of this case”) in Namdong-gu, Incheon, Nam-gu, Seoul, Inc. (hereinafter “the Maritime Industrial Complex”), and Defendant Sung River Construction Co., Ltd. (hereinafter “the Sung River Construction Co., Ltd.”) was awarded a contract for the construction of the factory building of this case from the Maritime Industrial Complex, thereby constructing the factory building of this case.

B. On June 4, 2010, the piracy concluded a comprehensive property insurance contract with the Plaintiff and the instant factory buildings and their machinery with respect to the insurance period from July 30, 2010 to July 30, 201, after obtaining approval for use of the instant factory buildings.

C. At around 06:08 on September 2, 2010, when the difficulty of typhoons passed in Incheon and have a strong wind, the elevator test collapse, which is a part of the building of the instant plant, was collapsed, and the machinery, etc. inside the instant factory building, building, and building were damaged.

(hereinafter “instant accident”). D.

The Plaintiff paid KRW 1,892,914,019, totaling KRW 1,892,914,019, including KRW 400,000,000, April 1, 2011, and KRW 1,892,914,019, as insurance money, to the piracy, on November 24, 2010 due to the instant accident.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 1 to 8, each statement in Eul's evidence (including each number, hereinafter the same shall apply), the whole purport of the pleading

2. The parties' assertion

A. The basic wind of the Incheon area, which is the design standard for the factory building of this case, is 30 meters/ seconds, and the accident of this case, which collapses at the test of the factory building of this case, even though it was far less wind at the time of the accident of this case.

This was caused by the error in the construction of the defendant Sung River General and the error in design and supervision of the defendant A. Thus, the defendants are jointly liable to compensate for the damages caused by the accident in this case to the Sungsung River, and the plaintiff is jointly liable.

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