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(영문) 서울중앙지방법원 2015.11.26 2013가단5141778
구상금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. On June 17, 2013, the first floor MI room of the Daejeon Jung-gu Hospital A.

Reasons

1. Basic facts

A. On August 28, 2011, C operates a hospital with the trade name of “B hospital”, which is “B hospital,” by leasing a building located in Daejeon-gu from Defendant New Stock Development Co., Ltd.

B. On December 30, 2011, C entered into a contract on the lease of a medical device, such as RI equipment, (hereinafter “the instant medical device”) from a Rog Capital Korea Co., Ltd. (Merger with the Free Capital Co., Ltd.).

The Republic of Korea concluded a comprehensive insurance contract for the medical device of this case where the Plaintiff and the insured on the same day.

C. C entered into a contract for the maintenance and management of the fire-fighting systems with Defendant New World Fire Fighting Co., Ltd., and B Hospital buildings. According to this, Defendant New World Fire Fighting Co., Ltd. shall conduct a comprehensive precise inspection of the fire-fighting systems and the operation function of the fire-fighting systems once a year, and shall report the results thereof to B Hospital once a month, and thereafter, B Hospital shall pay the remuneration of KRW 330,000 per month.

As a result of the inspection of the Defendant New World Fire-Fighting, defects such as defringr Hed, anti-scopes, and pipeline disposal are discovered among fire-fighting systems, and C, which was reported, requested an independent party intervenor to perform repair works on the intellectual part of the Defendant New World Fire-Fighting.

Accordingly, the independent party intervenor performed the replacement work such as singller Hd in the 1st floor wind room of the hospital building for 3 days from June 12, 2013.

E. On June 17, 2013, immediately after the completion of the construction works by an independent party intervenor, a water leakage occurred in the pipe connecting part of the pipe room of the 1st floor machinery room of the instant medical device (the part of the intervenor of the independent party is less than 30 meters away from the part of the part of the construction works by the independent party, and is stored in Bohin), and accordingly, an accident occurred that water flows out to the 1st floor machinery room of the instant medical device, which caused a flood of the MRI equipment (hereinafter “instant accident”).

F. Accordingly, the Plaintiff on September 26, 2013.

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