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(영문) 서울중앙지방법원 2017.08.23 2017나17220
구상금
Text

1. The plaintiff, among the judgment of the court of first instance, against the defendant Korea Electric Power Corporation that ordered payment below.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows: “The Defendant Corporation received electric equipment from November 2, 2014 to December 3, 2014 pursuant to the report of electric breakdown, such as the power failure in the instant fire, etc., on a total of four occasions during the period from November 2, 2014 to December 3, 2014. In the case of the first and second repairs, when the excessive electric current has been reduced, it voluntarily cut at the time of the reduction, and instead replaced electric wires that function to block electricity, but at the time of the third declaration, it received the same repair from the Defendant A on behalf of electric wires Furz on November 19, 2014.

The part of the judgment of the court of first instance, other than the following 2.2, concerning the determination on the defective liability for the installation and preservation of the structure of the Defendant Corporation (hereinafter referred to as “the determination on the defective liability for the installation and preservation of the structure of the Defendant Corporation”). As such, this part of the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.

2. Determination as to the assertion of defect liability in the installation and preservation of structures against the Defendant Corporation

A. The gist of the Plaintiff’s assertion is that the electric meters within the instant plant (the measuring instruments; hereinafter “the instant electric meters”) are inherent assets of the Defendant Corporation, which are facilities within the area directly controlled and managed by the Defendant Corporation. The Defendant A, an employee of the Defendant Corporation, removed and directly connected with the power current breaker during the process of injecting electricity and in the process of injecting electricity, the high voltage was temporarily flown into the instant electric power meter within the instant plant management unit, and a fire due to a fall from a fall. As such, the Defendant E bears the responsibility for the installation and preservation of the instant electric power meter, and the Plaintiff is liable for the damage caused by a fall.

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