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(영문) 서울중앙지방법원 2019.11.21 2018가단5255818
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the building of the 7th floor neighborhood living facilities and educational and research facilities (private teaching institutes) on the 7th floor in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Defendant (hereinafter “Co. D”) changed from “Co., Ltd. E” to “Co., Ltd. E” and “Co. F, Ltd. F”) to the present trade name on October 13, 1980.

B. The Plaintiff, as a corporation with the purpose of gas facility business, water supply facility business, etc., caused damage to the high pressure cable line (22,905, 700kW) owned by the Defendant, who supplied electricity to the instant building, while performing the construction of gas pipeline installation work from around 09:0 on October 7, 2018 to the roads from the main gas pipe to the neighboring building, to the neighboring building.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, the instant accident occurred. D.

From October 7, 2018 to October 17, 2018, the Plaintiff paid KRW 32,884,930 to the lessee of the instant building, etc. at its own expense, and paid KRW 3,190,00 until October 30, 2018 in order to compensate the lessee of the instant building for damages.

(The basis for recognition) . [Attachment 36,074,930] . [Attachment 36,074,930] No dispute, Gap evidence Nos. 1, 2, 9 through 20, Eul evidence No. 1, Gap evidence Nos. 5, Eul evidence Nos. 4 and 4, each video (in the case of evidence with a serial number, including a serial number unless there are any separate marks; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows.

1. The high-tension cable wires damaged by the Plaintiff are based on Article 67 of the Electric Utility Act, Article 43 of the Enforcement Decree of the Electric Utility Act, Article 38 of the technical standards, Article 4 of the Electric Facilities Standards.

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