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(영문) 대구지방법원 2017.08.10 2016가합205995
구상금
Text

Defendant B, from July 9, 2016 to August 10, 2017, KRW 5% per annum for the Plaintiff, Defendant B, as well as KRW 96,101,167.

Reasons

Facts of recognition

The Plaintiff is a company that has a gas station under the direct control of 6 countries, such as the F station in Yongcheon-si E (hereinafter “instant gas station”). Defendant B is a management manager entrusted by the Plaintiff with the operation of the gas station in this case; Defendant D sells electric temperature waterers, etc. with the trade name “G agency”; Defendant C is a person who performs construction work of gas facilities (Class 3) without registering the gas facility construction work business (Class 3), and Defendant C is a person who performs construction work of installation and alteration of the hot boiler, hot water boiler and its auxiliary facilities entrusted by boiler, E-supply agency, etc.

On November 25, 2013, Defendant D, who installed a gas temperature water tank in the gas station of this case, told Defendant B to ask for a product replacing the gas temperature water pipe of this case, and suggested that Defendant C, who is the installer of this case, would install two electric temperature water pumps in the amount of KRW 90,000 upon recommendation of the said gas temperature water tank. Upon Defendant B’s consent, Defendant C instructed Defendant C, who was the installer of this case, to install two electric temperature water pumps as the oil station of this case.

In accordance with the above order, Defendant C installed one electric temperature water meter at the restaurant of the instant gas station on the same day, and installed one electric temperature water meter at the Myeon, which uses liquefied petroleum gas installed therein, and installed one electric temperature meter at the same site. In such a case, Defendant C neglected to perform its duty of care, despite the fact that there was a duty of care to prevent gas leakage from occurring due to leakage of gas due to the corrosion of the intermediate valve or the opening or closing of the intermediary by users’ care due to the leakage of gas due to the leakage of gas due to the leakage of gas due to the corrosion of the interim valve or the opening or closing of the intermediary due to users’ care.

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