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(영문) 서울중앙지방법원 2015.07.23 2013가단5193557
손해배상(기)
Text

1. The Korea Electric Power Corporation and the Korea Electric Power Corporation incorporated in common with the Plaintiff and KRW 55,154,000 on December 2012.

Reasons

1. Basic facts

A. The Plaintiff is the owner of multi-family detached houses on the ground B at Sejong City (hereinafter “instant building”).

B. The Korea Electric Power Corporation (hereinafter “Defendant Korea Electric Power Corporation”) concluded a contract for construction safety insurance (i.e., a comprehensive insurance contract for electrical construction ordered by Defendant Korea Electric Power Corporation (i.e., a user’s liability as security and a contractor’s liability) with Defendant Bohz Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Bohz Fire”) with respect to the former construction (hereinafter “instant construction”) in front of the instant building, and (ii) concluded a comprehensive insurance contract for electrical construction ordered by Defendant Bohz Fire Co., Ltd. (hereinafter “Defendant Bohz Fire”).

C. On December 26, 2012, Defendant Western transferred the electric poles at the time of the instant construction, only the ground electric wires connected to the instant building were connected, and the underground wires were not connected.

As electricity was not supplied until December 27, 2012 in the instant building, heating pipes, water pipes, etc. were cut off, and water flows out through pipes destroyed by dynamic wave and water leakage occurred in the instant building.

[Ground of recognition] The items of evidence Nos. 1, 2, 14, and 5, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, at the time of construction of the instant building, Defendant Western did not connect electric wires to the land connected to the instant building. As a result, the Plaintiff inflicted damages on the instant building, and thus, Defendant Western bears the liability for damages caused by the Plaintiff’s tort.

B. If the written evidence Nos. 4 and 5 of the Defendant Han-dong’s responsibility collected the purport of the entire pleadings, the Defendant Han-dong designated C as a person in charge of execution management with respect to the instant construction work by Defendant Han-dong, and made a report thereon before the Defendant Han-dong, stating the work contents on the day of the Defendant Seo-dong’s letter, materials delivery, and the work contents on the following day.

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