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(영문) 서울남부지방법원 2018.08.22 2016가단20255
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, among the D 250 apartment construction works executed by Nonparty C Co., Ltd. (hereinafter “C”), supplied construction works for the inside part of the apartment complex (hereinafter “instant construction works”), and continued construction works.

B. Around September 2015, the Defendant received a request from the Plaintiff for the supply of tin guides to be constructed at the construction site of this case, and supplied 17,370 tin guidess from E (hereinafter “E”) to the Plaintiff.

Of the 10,200 mix 10,200 supplied by the Plaintiff at the construction site of this case, it was produced by F Co., Ltd. (hereinafter “F”), and the remainder of 7,170 was the products produced by G.

C. Around September 21, 2015, around September 21, 2015, C notified the Plaintiff of the occurrence of water-resistant phenomenon (conscepting from the original surface of the tin-to-face surface) in some parts of the portion constructed by the tin-to-face supplied by the Defendant. The Plaintiff notified the said defects to the Defendant and E, and around September 23, 2015, H, an employee of E, visited the site to conduct a field investigation.

On the other hand, I, a quality manager of F, visited the site on October 1, 2015 to conduct a field investigation for two days, and confirmed that the physical condition of F’s tind 10,200 tind 10,200 tind tind 320 tind tind tind, constructed at the apartment site of this case (hereinafter “instant tind tind”).

E. Since then, the officials in charge of C, the Plaintiff, and the F three companies carried out the countermeasures conference on October 13, 2015, November 5, 2015, and November 24, 2011, on three occasions. In the process, F recognized some defects of the instant tind and recognized its liability, but it did not reach a final agreement on the scope of subsidization of expenses for repairing defects.

F. On the other hand, the Plaintiff against F, a manufacturer of the instant tind's tind's defects in the instant tind's judgment.

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