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(영문) 서울고등법원 2018.05.11 2016나2085577
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant D Co., Ltd. shall be KRW 500,000,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Summary of the relationship and accident between the parties;

A. The Plaintiff is a stock company with the main business purpose of the installation work business, manufacturing work business of industrial machinery, etc., and the Plaintiff contracted and performed the boiler and other installation work (hereinafter “instant construction work”) from H Co., Ltd. among G construction work located in the Haan-gun, Chungcheongnam-gun.

Defendant B is the owner of the I 750t Climate (hereinafter referred to as “instant Climate”).

B. On August 19, 2013, Defendant B: (a) determined that Defendant D Co., Ltd. (hereinafter “Defendant Company”) monthly rental fee of KRW 85 million (excluding value-added tax) was leased from November 1 to December 30 of the same year; and (b) the Defendant Company once again leased it to Defendant D Co., Ltd. (hereinafter “Defendant Company”);

9. 9. The Plaintiff set the fee of KRW 34 billion (excluding value-added tax) and sub-leases the Plaintiff for two months from October to December of the same year.

C. Around 13:00 on December 19, 2013, the term during the instant construction site, while he operated the article J employed by Defendant B in order to install power generation facility valves (hereinafter “instant racker”) at the site of the instant construction site, he saw it to the left-hand side.

(hereinafter “instant accident”). D.

On the back of the main body of the flag of this case, the accident of this case, such as cabin, bruck fixed broke, fuel oil tank and engine brogine fixed broke, the main body and boom boom inside brogine, the b5t broke, liquid oxygen storage tank, etc., which were owned by K in the core, were departmented.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 6, 7, 23, 25 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 15, Gap evidence Nos. 10, Eul evidence Nos. 4, and the purport of the whole pleadings

2. The party's assertion and judgment

A. The summary of the party’s assertion 1 is that the instant accident was wholly caused by the defect of the key flag of the instant period or by the negligence of the JJ of the key engineer of the said period.

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