beta
(영문) 서울중앙지방법원 2018.08.29 2016가단5221101

손해배상(기)

Text

1. The Defendant’s KRW 35,772,441 as well as the Plaintiff’s annual rate of KRW 6% from November 1, 2016 to August 29, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the management body of Seocho-gu Seoul Metropolitan Government A building (hereinafter “instant building”).

The Plaintiff entered into a contract for maintenance and repair inspection of elevator parking facilities installed in the instant building (hereinafter “instant parking facilities”) with C (hereinafter “C”) and conducted regular inspection and maintenance of the instant parking facilities.

In addition, the Plaintiff entered into an integrated management contract with the Defendant on April 2009 and renewed the contract. The main contents of the comprehensive management contract renewed with the Defendant on March 31, 2014 (hereinafter “instant management contract”) are as follows.

Article 2 (Terms and Conditions of Contracts) (1) Details of the supply of and demand for building management to be performed by the defendant are as follows:

1. Disinfection services, regular disposal of wastes, such as food wastes, etc.;

2. Affairs related to cleaning, management and operation of parking lots, notification and receipt of expenses and management expenses (hereinafter omitted), Article 4 (Contract Amount) (11,573,167 won in total, and taxes, public charges and legal liability expenses for each household shall be imposed on the actual expenses incurred in relation to each public use;

The value-added tax is separate.

Where the relevant month of claim is less than 30 days, it shall be calculated on a daily basis.

Provided, That the salary of one parking personnel shall not be included in the imposition of management expenses, and shall be paid from the parking income.

Article 6 (Site Managers) (1) In performing contractual affairs, the defendant shall appoint a site manager representing the defendant and have him/her take charge of the following duties:

1. Management of labor for the defendant's employees working at the relevant site and supervision of work fields (hereinafter referred to as "working supervision");

B. At the time of the conclusion of the instant management contract, the Defendant submitted a written estimate to the Plaintiff, and the written estimate contains KRW 1,420,000, insurance premium, etc. for one parking management personnel.

The defendant employs D as an employee on January 201, 201, and is a parking management personnel, and is the parking facility of this case.