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(영문) 광주지방법원 2014.12.05 2014나3753
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of waterproof and landscapeing construction, etc., and the Defendant concluded a consignment management contract with the council of occupants’ representatives on March 31, 2010 with respect to the instant apartment, which was a company that managed the instant apartment after concluding the consignment management contract with the council of occupants’ representatives.

B. On May 7, 2010, the Plaintiff entered into a contract with the council of occupants’ representatives on the instant apartment rooftop waterproof construction (hereinafter “instant contract”) and completed the said waterproof construction by July 15, 2010.

C. On June 30, 2010, there were many rains in the vicinity of the instant apartment. At around 21:00 on the same day, each drain pipe installed in the benda of the instant apartment (hereinafter “instant drain pipe”) and flown of the water coming from the roof through the drain pipe through the benda of the instant apartment through the benda, and the said apartment was 1503, 1504, and 1404, which led to the occurrence of an accident in which the floors, walls, and furnitures of each of the instant apartment units were milled into the water (hereinafter “the instant flood accident”).

Accordingly, the case filed a lawsuit against the 1404, 1504, and 1503 residents of the instant apartment as C, D, and E filed a lawsuit against the won and the Defendant seeking compensation for the flood accident of this case as the 2010Gahap1901, Gwangju District Court 201.

E. At the time, C, D, E, the Plaintiff was negligent in the process of waterproofing the rooftop of the instant apartment from May 19, 2010 to July 15, 2010, and the Defendant, the manager of the instant apartment, was negligent in neglecting the safety inspection of the drainage pipe of the instant apartment. On February 21, 2012, the said court acknowledged the Plaintiff and the Defendant’s joint tort liability for the following reasons, and recognized the Plaintiff and the Defendant’s joint tort liability for the following reasons, “(7,493,200, 5,876,600, and 6,458,000, annually, to each of the instant apartment and each of them, from July 1, 2010 to February 21, 2012.

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