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(영문) 광주고등법원(전주) 2015.04.02 2014나2278
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. The plaintiff.

Reasons

1. Basic facts

A. On November 9, 2009, the Plaintiff entered into a contract with the Defendant on November 9, 2009 as a corporation operating a tea hospital at 830-3 of the Gunsan-si Portal 830-3 (hereinafter “instant construction”). The Defendant entered into the instant construction project pursuant to the said contract and completed the construction project on July 2010.

(hereinafter the Defendant’s building extended by the construction of the instant case is referred to as “ Hospital New Building”. (b)

The Plaintiff, at the first floor of the new building of the hospital which the Defendant completed, performed installation works, such as the MIM room, CT room, MTRT control room, and mechanical room, and installed and operated MIM machine, CT machine, etc. at that location.

C. On July 11, 201, approximately one year after the completion of the instant construction, the pipe of sewage pipes connected to the outside of the building by passing through the exterior walls of the building in a hospital (hereinafter “instant part”) was pushed down or washed out without checking the pressure of rainwater, etc. (hereinafter “the instant part”) by mixing the cement and waterproof amount with a place where the outside of the building passes through the outside of the building, and the pipe was pushed out or washed out, and the rainwater, etc. turned out through the part and flow out the outside of the new building of the hospital (hereinafter “the instant flood”).

Due to the flood of this case, rainwater was dried at a height of 1 to 2m from the floor of the CT room, MRICT control room, and machine room at the bottom of the hospital, and when high rainwater flows into the outside shielding room where the MRI machine is installed, the lower part of the shielding facility was milked into rainwater.

E. The Plaintiff immediately mobilized the employees to dump mils with rainwater containing solid rainwater into the floor, and the Defendant, upon contact with the Plaintiff, performed emergency repair works on the new building of the hospital, and took measures to prevent inundation from occurring any further.

F. On March 2013, the Plaintiff becomes aware of the fact that an artificial stude appears in the photographic image of the MIM machine.

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