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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around January 2016, the Plaintiff concluded a comprehensive property insurance contract with the non-party C management office (hereinafter “non-party C management office”) who manages the building in Gyeyang-gu, Gyeyang-gu (hereinafter “the instant building”) as the insured and with the non-party C management office (hereinafter “non-party C management office”). From January 13, 2016 to January 12, 2017, with the insurance period as the insured.
② The Defendant constructed the instant building, obtained approval for use on January 8, 2015, and transferred the management affairs of the instant building to the Nonparty management office on March 31, 2015.
③ When the landscape gardening pipe installed front of the instant building D (hereinafter “instant landscape gardening pipe”) was deducted from the landscape gardening in order to prevent the dynamic wave in winter as follows, a water-supply valve should be opened after locking the water supply pipe, which is installed at a place connected with air conditioners rackers racker pipes (hereinafter “heracker pipe”). On the contrary, when the landscape gardening pipe is supplied, it is the structure that the water-supply valve should be cut down and opened.
④ On April 11, 2016, at around 14:00, the employee of the management office opened a water-supply valve without locking the water valve of the landscaped water pipe of the instant case, and the landscaped water flows into the household moving into the Dong of the instant building E through air condition pipe pipe (hereinafter “instant accident”). The Plaintiff paid total of KRW 107,332,00 to the victims of the instant accident, including Non-Party F, etc.
【In the absence of any dispute, the testimony of Gap's 1-7 evidence, Eul's 1-7 evidence (including additional numbers), witness G, H, and I
2. Summary and determination of the Plaintiff’s assertion
A. Unlike normal landscape gardening pipes, the Plaintiff did not have a floating water valve on the ground that the pipe of the instant landscape trees was not installed, and around November 3, 2015, the non-party management office employees confirmed that a floating water valve was not installed on the pipe of the instant landscape trees and demanded the Defendant to repair the defects.