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(영문) 서울중앙지방법원 2017.11.30 2016가합565612
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 29, 2013, the Plaintiff entered into a subcontract for construction works on the gold Industry Co., Ltd., which received a contract for infrastructure construction works for the marina City Development Project from the development of the Seoul Housing City, and the marina Complex 1 Section, soil and structures 1 and 2 Section.

On December 2, 2013, the Plaintiff entered into a contract for the supply of the separated voltages necessary for waterworks installation works (hereinafter “tensions”) among the above construction works, and the Korea Stock Company entered into a contract for the supply of pressures with the Defendant to deliver the Plaintiff.

The defendant supplied 1,382 Modials to the Korean Co., Ltd., and the Korean Co., Ltd. supplied the above Modials to the plaintiff.

On April 2014, the Plaintiff completed the construction of waterworks facilities using the above voltages.

On July 19, 2014, the water leakage occurred in one voltage, which connects the vertical drainage pipes to the water pipe in a construction section of the valley complex.

[Ground of recognition] Facts without dispute, Eul's statements as to Eul's evidence Nos. 1 through 6, images, and arguments as to the purport of the whole pleadings and arguments by the plaintiff are asserted and judged. The plaintiff suffered damages due to the defective pressure of the defendant's production. Thus, the defendant is liable to the plaintiff for product liability under the Korean War and the Product Liability Act.

Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 364,00,00,000, which is part of the damage incurred by the Plaintiff due to water leakage, i.e., the amount borne by the Plaintiff according to the water leakage amount by the Plaintiff under a contract with the gold Industry Co., Ltd., the amount borne by the Plaintiff, the maintenance and repair cost, the cleaning work cost, and the expenses for the replacement of hot water.

Judgment

Although there is no dispute between the parties as to the fact that water has occurred at the construction site of this case due to the completion of the voltage executed by the plaintiff, the above tension has to be fully satisfied.

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