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(영문) 서울동부지방법원 2020.01.16 2017가단4028
손해배상(기)
Text

1. The Defendant’s KRW 45,449,349 as well as the Plaintiff’s annual rate of 5% from March 9, 2017 to January 16, 2020, and the following.

Reasons

1. Basic facts

A. On June 16, 2016, the Plaintiff entered into a design service contract with C Co., Ltd. (hereinafter referred to as the “instant contract”) with the Defendant for requesting the Defendant to design services on the instant site for the installation of the instant arrangement plant (hereinafter referred to as the “instant contract”). The Plaintiff entered into a design service contract with the Defendant for requesting the Defendant to design services on the instant site for the installation of the instant arrangement plant (hereinafter referred to as the “instant contract”).

B. The arrangement plant refers to machinery and equipment that produce a large quantity of uniform quality concrete (resresponding) by promptly weighing cement, sand, aggregate, water, mixed fire, etc. coming from the storage facility with a measurable device and supplying them to a mixture with a supply device. The arrangement plant of this case is installed with a total of 800 tons as one 300 metrics and one 500 metrics as one metrics, and 3,000 metrics as 300 metrics and 500 metrics are 5,00 metrics.

C. In calculating the floor foundation concrete and basic files, the Defendant drafted a design drawing based on the fact that the lower part of the shooting day is divided by the area of the basic concrete on the floor and then the structural calculation is conducted by re-emulating it into the distribution load, such as the area of the basic concrete on the floor, and submitted the design drawing (hereinafter “instant design drawing”) which designed the foundation for the installation of the instant arrangement plant to the Plaintiff around July 2016.

In accordance with the design drawings of this case, the Plaintiff: (a) performed the floor-based concrete construction work; (b) installed one unit of 300 metrics and 500 metrics respectively; and (c) on November 2016, 2016, there was a crack (hereinafter “instant accident”).

E. Accordingly, the Plaintiff was involved in the instant accident and the repair work therefor to the Defendant.

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