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1. The Defendant’s individual rehabilitation claims against the Plaintiff are KRW 2,125,00 and the Defendant’s individual rehabilitation claims are from December 12, 2017 to June 3, 2018.
Reasons
1. Facts of recognition;
A. On April 23, 2017, the Plaintiff awarded a contract to the Defendant for construction cost of KRW 10 million for rooftop structures covered the Plaintiff’s housing, and for construction works, such as solar roof cover, which are built on the roof of solar fever, to the Defendant.
On May 13, 2017, the defendant completed the above construction work.
B. On December 12, 2017, two boards explosiond among five boards installed by the Defendant (hereinafter “instant facilities”) (hereinafter “instant accidents”) around December 12, 2017.
3.80,000 won is required for the re-establishment of explosive power generation facilities due to the instant accident, and 4.0,000 won is required for the repair cost due to explosion to a motor vehicle owned by the plaintiff.
C. On June 4, 2018, while the instant lawsuit was pending, the decision to commence individual rehabilitation procedures against the Defendant was rendered on June 4, 2018.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. 1) The Plaintiff’s assertion 1) The Defendant, while installing the instant solar facilities, used the hybrid method in which the Defendant used it, and in such event, it cannot avoid explosion due to an increase in the inside pressure of pipelines when the winter wintering has occurred. Nevertheless, the Defendant used the hybrid method, and did not take all measures to prevent accidents, such as the installation of heat lines for the prevention of explosion and the instruction on the use thereof. Therefore, the instant accident was caused by the Defendant’s negligence, and the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident. (2) The instant accident was one of the methods where the Defendant’s assertion is capable of constructing the instant solar system, and the Defendant completed normal construction, and the instant accident was caused by negligence in the use of the equipment and the Plaintiff’s failure to operate the heat lines properly.
B. The establishment and scope of the liability for damages, as well as all the evidence duly admitted.