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(영문) 의정부지방법원 고양지원 2018.11.30 2016가합70331
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2010, the Plaintiff is a conduit business that, from the Defendant, draws water from sewage treatment plants B and C into upper stream of B and C, the water treated from sewage treatment plants “D public sewage treatment reuse business.”

With respect to the construction work (hereinafter “instant construction work”), the construction cost was determined as KRW 6,745,987,710 for the construction work, and the construction period from July 30, 2010 to July 18, 2012 for the construction work (the date of completing the construction work is May 31, 2013), and the Gyeong Engineering Co., Ltd. was in charge of supervision.

B. In order to lay underground water pipes, the Plaintiff used the cut method in the construction site Nos. 38 at the construction site of the instant case (in front of the ancient Dong-dong city E), and excavated from the ground surface to the depth of approximately 2.4m to 2.7m from the ground surface by using the cut method and the ordinary excavation method that relatively wide size towards the lower side from the ground surface).

C. (1) At around 09:00 on January 8, 2013, F, an employee of the Plaintiff, carried out the removal of earth and sand by inserting the excavation bottom (G.L-2.5m) in order to eliminate earth and sand, as the end part of the iron pipe installed in the preceding day was buried in the earth and sand, and both sides of the iron pipe were buried in the earth and sand.

(2) During the above work, the collapse of one excavated surface and the F buried in earth and sand. As such, while attempting the structure of G, an employee belonging to the Plaintiff who was working, the part of G was buried.

(3) Following the instant accident, F and G were rescued by the 119 rescue unit after the instant accident, but G died, and G suffered bodily injury, such as the right thalle, the right thalle electronic and the executive stalle, etc., which require treatment for eight weeks.

[Reasons for Recognition] Each entry and video of Gap evidence Nos. 19 through 28, 33 through 36, 39 through 41, Eul evidence Nos. 1, 10, 11 (including paper numbers, hereinafter the same), and the purport of the whole pleadings

2. The assertion and judgment

A. The defendant alleged by the plaintiff.

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