(영문) 대구지방법원 2016.10.11 2015가단48754

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Reasons

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크기(pt)

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자간(%)

(영문) 대구지방법원 2016.10.11 2015가단48754

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff was supplied by the Defendant with the main office (hereinafter “instant main office”) in relation to the new construction of the C office building located in the Cheongbuk-gun, Chungcheongnam-do.

B. The Plaintiff, as the instant panel supplied by the Defendant, was a marina watcher on the outer wall of the above company building, and the unfastening phenomenon took place at the place of the board constructed on the outer wall.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. Determination as to the cause of action

A. The plaintiff asserts that the plaintiff should pay KRW 52,650,000 at its own expense, since the fact of unfastening occurs at the place of the board constructed on the outer wall due to the defects of the board of this case.

In this regard, the defendant did not show that there was any defect in the printing panel of this case, but that the construction of the panel of this case was caused by wrong methods.

B. In full view of the purport of the argument of the appraiser D as a result of the appraisal, the instant panel is reasonable for difficult products, and the causes of the corrosioning phenomenon from among the instant panel constructed on the Plaintiff’s outer wall of the said company, which was constructed on the Plaintiff’s outer wall of the company, may increase by the heat within 6m in the fixed length, due to the nature of increasing the number of the instant panel’s heat when opened by the sunlights, in the construction process. However, the Plaintiff is unable to construct the instant panel without constructing the board at 6m or less, and eventually constructing the board at 10m by connecting it, without constructing the instant panel, and eventually expanding the A-year gold bar, which led to the expansion of the A-year gold bar from the Plaintiff’s outer wall of the company. This phenomenon can not be acknowledged as being able to prevent any contact between the A-year gold bar and the string bar.

If so, it is difficult to say that there is an unfastened phenomenon in the board of the instant panel attached to the plaintiff's private outer wall.

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