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(영문) 의정부지방법원 2016.05.20 2014가단34591
손해배상(기)
Text

1. The primary Defendant Jong-ro Construction Co., Ltd., and B, jointly with the Plaintiff, KRW 51,114,585 and its related thereto on March 17, 2014.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the pleadings and the testimony of Gap evidence Nos. 1, 2, 16, 17, 18, 19, and Gap evidence Nos. 3-1 and 3-2, and witness evidence Nos. 3-2, and against this, it is difficult to believe the result of defendant B's personal examination.

The Plaintiff is running the E Co., Ltd. (hereinafter referred to as “E”).

B. Preliminary Defendant C (hereinafter “Defendant C”) awarded a contract for the construction of a building on the land of the land of the land of the wife population F (hereinafter “instant new construction”) on the primary Defendant Style Construction Co., Ltd. (hereinafter “Defendant Style Construction”), and the primary Defendant B (hereinafter “Defendant B”) is the employee of Defendant Style Construction.

C. Around March 10, 2014, Defendant Jung-ro Construction subcontracted to E the instant new construction works, which install electric measuring instruments and internal subdivisions among the new construction works (hereinafter “instant construction works”).

On March 17, 2014, the Plaintiff arrived at the instant construction site for the instant construction project. As to the method of performing the instant construction project, Defendant B instructed that “The instant new construction building (hereinafter “instant building”) did not open underground lines, and installed on the wall surface of the instant building in the form of entering the interior of the instant building from the outer wall of the instant building, as well as to designate the front part of the instant building and the inner part of the outer wall of the instant building, and to perform construction on that part.”

E. In order for the Plaintiff to construct the instant building as ordered by Defendant B and preserve the exterior of the outer wall of the instant building, the Plaintiff should be constructed near the toilets installed inside the instant building, and the process of drilling (i.e., drilling a hole) and then sealing electric wires inside the building should have been carried out. Thus, the Plaintiff’s work should be carried out as a toilet tent of the instant building.

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