logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2019.11.21 2017가합5774
손해배상(기)
Text

1. The Defendant’s KRW 803,179,00 for the Plaintiff and KRW 15% per annum from January 15, 2019 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. On August 12, 2016, the Plaintiff purchased reinforced block from the Defendant through the national forum operated by the Public Procurement Service, and the Defendant began to supply reinforced block to the Plaintiff from October 5, 2016.

B. On October 12, 2016, the Plaintiff had B Co., Ltd. (hereinafter “instant contractor”) install the instant reinforced block (hereinafter “instant block”) with a height of about 10.1m high from the KRW C day per week, using the said reinforced block (hereinafter “instant block”) supplied by the Defendant from around October 12, 2016.

(hereinafter “instant construction project”). C.

However, around November 201, 2016, water rupture (hereinafter “instant rupture”) occurred on the block of this case located under the lower part of the retaining wall of this case. D.

The Plaintiff removed the retaining wall of this case on the ground that the safety of the retaining wall of this case is not guaranteed and that there is a risk of collapse in the rainy storm.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the rupture of this case occurred in the retaining wall of this case is because there are defects such as below standard strength or water control error in the block of this case supplied by the Defendant.

As above, due to the defendant's mistake that supplied defective blocks, the plaintiff suffered damages to remove the retaining wall of this case.

Therefore, the Defendant is liable to compensate the Plaintiff for damages.

B. There is no defect that the instant block supplied by the Defendant’s assertion satisfies the “standards for concrete protection and retaining wall block” such as compressed intensity, absorption rate, etc.

Even if there is a defect in the block of this case, if there is no design defect or construction defect related to the retaining wall of this case, the rupture of this case is in reality.

arrow