beta
(영문) 서울중앙지방법원 2017.09.26 2016가단5074015

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 13, 2014, around 19:20 on November 13, 2014, the Plaintiff was absent from an elevator on the first floor and the first underground floor of Songpa-gu Seoul Metropolitan Government apartment building 330 dong 14.

It is because the rapid suspension of an elevator is because the speed of the string in the string of the string.

B. Around January 2012, the living support center of the above apartment was a managing body of the elevator and entered into a contract with Hyundai Elevator Co., Ltd. to request comprehensive maintenance and repair of the above apartment elevator 75 units.

If it is necessary for the smooth maintenance and repair of elevators and prompt response to breakdown in the contract, the apartment life support center consents to the subcontracting of the elevator to the defendant harmful elevator company, and the management and supervision of the overall matters such as the qualification and act of the defendant harmful elevator is the responsibility of the modern elevator (Article 3 subparagraph 4 of the contract), apartment life support center, modern elevator, and defendant harmful elevator are all the parties to the contract.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 1 and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, who was liable for damages, fell from the fourth floor to the first floor underground while the apartment elevator was lowered from the 14th floor, and the Plaintiff was involved in the accident that the Plaintiff was involved. As to this, Defendant Mine Elevator Co., Ltd. is liable for damages due to the tort against the Plaintiff for the following reasons.

In addition, Defendant Hyundai Marine Fire Insurance Co., Ltd. is an insurer who has entered into a liability insurance contract with Defendant Mine Elevators, and is also liable for damages.

1. Defendant B’s employee of Defendant Seaworthiness at the time of the Plaintiff’s crash accident.