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(영문) 서울북부지방법원 2019.04.04 2018나30205
구상금
Text

1. Of the judgment of the first instance, the Plaintiff amounting to the following additional payment order against Defendant C and D.

Reasons

1. Facts of recognition;

A. The Plaintiff is running a business such as removing structures with the trade name of “E”, and Defendant B runs a business collecting scrap iron, rain iron, etc. with the trade name of “F”.

B. On November 1, 2015, the Plaintiff received a contract from G for the removal of the I 2th floor freezing in Songpa-gu Seoul. Defendant C, among the aforementioned freezing warehouse removal works, was awarded a subcontract from the Plaintiff for the niven warehouse removal works and the nives pipe and the nives pipeline removal works, but it was defective that the Plaintiff’s business registration should be required in order to enter into a contract for the removal of the nives warehouse. On November 19, 2015, the Plaintiff and the Plaintiff entered into a contract for the removal of the nives board and the pipe of the freezing warehouse in the name of Defendant B (hereinafter “instant removal construction contract”); and the removal works under the said contract referred to as “instant removal works”).

C. On November 23, 2015, at the request of Defendant C, the J carried out the said freezing storage by using a cherbrator on the ground of his own possession on November 13:10, 2015. Defendant D, employed by Defendant C, carried out the cutting work without preparing fire extinguishers, etc. in front of the said freezing storage, and carried out the cutting work without removing inflammables which fall away from the floor, and caused a fire to be carried out in the entirety of the said freezing warehouse, which is the remaining structure of the said freezing, and destroyed the said freezing storage and cherb by setting a shotle, etc., and the outer wall of the building K (hereinafter referred to as the “damageed building of this case”) adjacent to the present main building, was destroyed by an accident that destroyed some of the glass windows, windows, etc. of the room.

(hereinafter “instant fire accident”). D.

Defendant C and D shall be fully responsible for the portion of compensation for equipment and building damage caused by a fire at the above site on December 11, 2015 (the entire portion of compensation for the following building shall also be compensated). Defendant C and Defendant D shall be in the position of the person in charge, and Defendant D shall be in the position of the guarantor.

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