logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2020.02.12 2018가단114262
손해배상(기)
Text

1. The Defendant’s KRW 32,425,937 as well as the Plaintiff’s annual rate from June 10, 2018 to December 3, 2018.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the building D E hotel located in Seoan-gu, Seoan-gu, Seoan-gu (hereinafter “instant building”), entered into a contract with F for the artificial park construction with respect to the instant hotel.

B. On August 11, 2017, F entered into a contract on the supply and installation of boiler with the Defendant, and the Defendant given the Defendant’s Intervenor to the Defendant and completed the pipeline installation works (hereinafter “instant pipeline installation works”) around April 2018.

C. On June 8, 2018, the Plaintiff operated boiler facilities at the entire building of the instant building, and on June 9, 2018, water leakage occurred from the hot water pipe in the bathing room G of the instant building (hereinafter “instant hot water pipe”).

(hereinafter “instant water accident”). D.

On June 9, 2018 and June 16, 2018, the Defendant promised the Plaintiff to implement or compensate for the defect repair work with respect to the damage caused by water leakage accident in the instant case.

[Ground of recognition] Facts without dispute, Gap 1, 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion 1) The instant water leakage accident occurred due to the defect in the pipe equipment construction of the instant case that the Defendant was in charge of the Plaintiff, and thus, the Defendant is liable for compensation to the Plaintiff. (2) The instant water leakage accident was not caused by the defect in the pipe equipment construction of the instant case. (B) On June 23, 2018, after the water leakage accident in the instant case, water leakage occurred again from the fifth floor to the underground of the instant building. Since the damage suffered by the Plaintiff is also included due to water leakage on June 23, 2018, which is irrelevant to the Defendant, and thus, the duplicate part should be deducted.

B. 1) Determination 1) At the time of the occurrence of water leakage in the instant case, when the water leakage occurred, the water pipe of the instant case was firmly attached to the valve and the twit-type connecting plug, but there was a sloping phenomenon with only pipes omitted, and hot water polyethylene (PB pipe).

arrow