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(영문) 의정부지방법원 2020.09.09 2018가단136006
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a contractor who has been awarded a contract for construction, civil engineering, machinery, landscaping, landscaping, landscape planting, and landscape planting management works among the construction works of D apartment (hereinafter “instant apartment”) from C Co., Ltd., and the Defendant is a company in charge of performing the construction works of gas pipeline laid underground among the instant apartment construction works.

B. The construction work of the instant apartment was completed on July 16, 2018, and it was subsequent to the commencement of the occupancy of the instant apartment.

8.6. The flood damage occurred to the apartment E and F of this case.

C. The damage of the drain pipes connected to the above Gdong (hereinafter “the instant drain pipes”) was revealed to have been caused by flood damage, and the Plaintiff, a contractor of the drain pipes, was compensated for flood damage.

Of the drain pipes of this case, the part adjacent to the wall of Gdong was broken away from approximately 40 to 90cc away from the right direction to the left side.

E. Of the instant apartment construction works, the Plaintiff is Nonparty H Co., Ltd. (hereinafter “H”) with respect to the construction works near Gdong and the construction works laid as excellent pipes (hereinafter “H”), and the landscape planting construction works as Nonparty I Co., Ltd. (hereinafter “I”).

The present status of the construction work around the Gdong of the instant apartment complex is as follows. On June 21, 2017, the construction work of the 1st construction company during the construction period of the items of construction (civil engineering work) and the drainage pipes (125mm) civil engineering work of the H2 excellent pipes (a civil engineering work on September 4, 2017).

9. On September 13, 2017: Exemplary (350m) civil engineering works on September 13, 2017; H3 gas pipeline works around Gdong on September 28, 2017; Defendant 4 landscape planting works on June 4, 2018.

6. 11. Glymbling and planting work in the vicinity of Glym. I;

F. On September 28, 2017, the Plaintiff filed the instant lawsuit against the Defendant on the ground that the Plaintiff destroyed the drain pipe when the Defendant performed the gas pipeline construction work (hereinafter “instant gas pipeline construction”).

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