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(영문) 서울남부지방법원 2015.06.04 2014나11579
구상금 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. Facts of recognition;

A. On November 19, 2009, the Plaintiff ordered the Defendant to set up a 1,250K emergency power plant sets inside the transformation room of the Yeonsu-gu Incheon, Yeonsu-gu, 19-5, Songdo-dong 19-5, Songdo-dong, Songdo-dong (hereinafter “STX engine”). The Defendant manufactured the 1,250K emergency power plant sets (hereinafter “instant emergency power plant”) and supplied them to the Plaintiff at that time after assembling the diesel engines and the diesel engines supplied by the Plaintiff.

On January 2010, the Plaintiff installed a set of emergency power plant supplied by the Defendant in the transformation room of the above apartment complex, and the Defendant completed the trial operation of the set of emergency power plant.

B. On May 21, 2013, in the first regular safety inspection conducted by the Korea Electrical Safety Corporation, the operation of the instant emergency power generator was suspended due to smelling, flames, smoke, and smoke, which are 30 minutes of low-working. The Korea Electric Safety Inspection notified the instant emergency power generator that the instant emergency power generator failed to pass the inspection with the following purport: (a) the instant emergency power generator was suspended during driving (determination of power generation loss); and (b) the instant emergency power generator was suspended from operating the instant engine.

Since then, the opening of the emergency power plant of this case was confirmed to have been destroyed by the damage of the bera, which is an inside part of the emergency power plant of this case.

C. The above apartment complex requested repair to STX engine, which is an entity installing an emergency power plant, and the STX engine directly completed repair at the cost of KRW 1,474,00,000 via STX engine around July 25, 2013.

[Ground of recognition] The facts without dispute, Gap evidence 1-1-6, Gap evidence 3-2, 3-3, Gap evidence 11-1-14, each fact inquiry results against the Songdoooooooooooooooooooooooooo management office, the purport of the whole pleadings

2. The plaintiff, when there is a defect in the completed object, shall be the contractor.

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