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(영문) 서울중앙지방법원 2021.02.05 2019가단5048574
구상금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive property insurance contract with D (hereinafter referred to as “D”) with the insurance period from April 25, 2017 to April 25, 2018. Defendant B (hereinafter referred to as “Defendant B”) is a company that engages in the business of manufacturing and installing machinery and equipment, and entered into a contract with D for the work of improving painting equipment (sing circulation pipeline works) with D. Defendant C (hereinafter referred to as “Defendant C”) is a subcontractor that received a contract from Defendant B for adjoining work during the said construction.

B. around September 2017, Defendant B was awarded a contract with D for the extension of circular water pipelines in the D plant located in Gwangju Mine-gu (hereinafter “instant construction”). Defendant C was awarded a subcontract for part of the instant construction from Defendant B.

(c)

Defendant B performed the replacement and extension of the pipeline of the circulation water inside D factory from September 30, 2017 to September 18, 2017 under the contract with D, and completed the extension of the pipeline in three places during the instant construction from October 1, 2017 by F and G, etc., who are employees of the Defendants.

(d)

On October 1, 2017, around 21:53, the Defendants’ employees placed their first paintings on the surface of the object (it is installed at the right side of the price for robots, the consortium is open, the water level is open, the water level is open, and the water level is visible down with the floor network, and the water level remains back through the circular water pipeline is far away from the flow of the water level) to the fourth circular water pipe (hereinafter referred to as “instant pipe”) by using the dz cutting machine from the first floor below the water level. The Defendants started work (hereinafter referred to as “work of this case”).

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