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1. Of the judgment of the court of first instance, KRW 3,120,000 against the Plaintiff and the Plaintiff’s incidental thereto on March 13, 2014.
Reasons
1. The parties' assertion
A. The Plaintiff and the Defendant, on December 12, 2013, performed the interior construction of “C” stores located in Seoyang-gu, Seoyang-gu (hereinafter “instant store”) (hereinafter “instant construction”). While the Plaintiff and the Defendant, on December 12, 2013, connected gas pipes by misunderstanding the Plaintiff’s hot water valve as gas valves on the wind of the instant store, the Defendant, as the wind that erroneously connects gas cocks with the net hot water valve part of the instant store.
As a result, an accident that flows into the gas pipeline connected to the above store (hereinafter “instant accident”) occurred, and the Plaintiff recovered KRW 6,240,000 from the city gas pipeline.
Therefore, the Defendant is liable to compensate the Plaintiff for KRW 6,240,000 equivalent to the above construction cost, which is the damage suffered by the Plaintiff due to the instant accident that occurred due to the Defendant’s gas cock connection failure
B. At the time of the Defendant, the Plaintiff was not the Defendant, and the Defendant did not have a duty to compensate the Plaintiff for the amount equivalent to the construction cost.
2. Determination
A. (1) The occurrence of liability for damages, the occurrence of liability between the parties, the absence of a dispute between the parties, and the evidence Nos. 1, 2, and 3(a) of the document is presumed to have been authentic as the entire document was not disputed in the Defendant’s seal image part.
The defendant asserts that his seal affixed to this document was stolen by the plaintiff, but there is no evidence to acknowledge it;
Comprehensively taking account of the overall purport of the pleadings in each statement of evidence Nos. 4, 8, and 3, the Plaintiff is a legal entity that conducts urban gas construction, etc., and the Defendant is a personal business entity that performs artificial gas construction in the name of “D,” and the Plaintiff and the Defendant performed artificial test on December 12, 2013, and the Plaintiff engaged in connecting urban gas pipelines to the hot water valve of the aforementioned store, and thereby, connected the said gas pipeline to the hot water valve of the said net temperature season.