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(영문) 서울중앙지방법원 2017.11.03 2017나25399
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

The Co-Plaintiff Environment of the first instance court, Inc., in the course of performing the construction of a new apartment for the wife population C, which is part of the construction of a new apartment for each household, from Shindong Construction Co., Ltd., the Plaintiff supplied a pressure valve (the valve installed to lower the water pressure of tap water supplied to each household of apartment) from the Plaintiff and installed it for each household.

The Defendant manufactured and sold a pressure valve and sold the pressure valve to the Plaintiff.

The Defendant visited the above apartment on October 3, 2015 and replaced the pressure valve at around 21:00 upon receiving a request for repairing the defects of the pressure valve installed in the above apartment 104 Dong 902.

However, among the defendant's work roads, poppy valves went away from water supply pipes, and accordingly tap water has sprinked through water supply pipes, and flood accidents have occurred in the above apartment house 902 and the elevator.

【The flood accident of this case asserted by the plaintiff by the parties to the claim of the purport of the whole pleadings and the statement of the whole pleadings was caused by the defendant leaving the poppy valve in the water supply pipes due to care due to the negligence while performing the work of replacing the pressure valves.

Therefore, the defendant is liable for compensating for damages caused by the flood accident of this case.

The reason why the defendant's argument poppy valve left from the water supply pipe is due to the failure to properly construct the connecting part with the water supply pipe, and there is no negligence on the defendant. Thus, the defendant is not liable to compensate for the flood accident of this case.

Judgment

Under the overall purport of the testimony and arguments of Gap 3, 6, and Eul 3 and Eul 3, water supplied to each apartment household is supplied through a water supply pipe (C) poppy valve (B), as seen below. In order to replace a pressure valve, the water supply system should block locking water supply. However, water supply system connects to a poppy valve.

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