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(영문) 서울고등법원 2016.11.04 2014나45388
손해배상(기)
Text

1. Of the judgment of the court of first instance, the plaintiff with respect to the money that orders the payment of the defendant Haki Co., Ltd. under this judgment.

Reasons

1. Case summary

A. The status of the parties is the owner of the general wood structure and the second floor detached housing (hereinafter “instant building”) newly built on the Chungcheongnam-gun C and D ground, and the Defendant B (hereinafter “Defendant B”) is a company with the purpose of constructing a new house for electric power generation, etc., and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company with the purpose of manufacturing and selling boiler.

B. (1) Defendant B entered into a construction design agreement on March 3, 2012 with the Plaintiff as to the instant building; and on April 11, 2012, respectively, a construction contract on the instant building (hereinafter collectively referred to as “instant contract”); and Defendant B had the instant building built and had the building approved on November 22, 2012 following the construction.

(2) On December 3, 2012, the Plaintiff completed the registration of preservation of ownership of the instant building, and around that time, the Plaintiff had both household and household appliances, etc. inside the instant building.

C. (1) In the event of a fire accident, the Plaintiff and Defendant B purchased 2 boilers ( Model Name 35S; hereinafter “instant boiler”) manufactured and sold by Defendant Haki for heating the instant building around 2012, when the said new construction was in progress, and brought about the instant building. However, even around the time of approval for use and preservation registration, the instant boiler was not installed.

(2) Accordingly, on December 6, 2012, the Plaintiff, the Director E of the Building Division, and Nonparty F, who entered into a subcontract with Defendant B, visited the instant building for the installation of the boiler. From around that time, F installed the boiler inside the boiler room attached to the instant building (the location and structure of the instant building are the same as the part indicated as the “boiler building” in the attached drawing; hereinafter “instant boiler room”).

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