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(영문) 서울중앙지방법원 2015.03.17 2014나18833

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. (1) The Defendant completed the installation and management of two elevator parking equipment (hereinafter “instant parking machine”) in Sung-nam-si 6523 Mangymtel (hereinafter “instant officetel”), Sung-si, Sung-si (hereinafter “Seoul-si”); and on November 30, 2010, the first aircraft in which the accident occurred was delivered to the instant construction company, the executive company of the instant officetel construction company.

(2) From March 24, 2011 to June 23, 2011, the Defendant entered into a contract for the inspection of parking facilities with the non-processed Construction Co., Ltd., with the period from July 1, 2011 to June 30, 201, with the period from July 1, 2011, and the period from June 30, 201. After that, the instant officetel’s management company was changed from the non-identical Construction Co., Ltd. to the Rad comprehensive management.

(3) Around October 2011, the Raf General Management Co., Ltd. entered into a contract for the maintenance of parking facilities with A (representative B of an individual business) and with respect to the parking machine of this case for the repair fee of KRW 700,000 per month, the contract period from October 1, 201 to September 30, 2012.

B. (1) On September 26, 201, the Plaintiff entered into a contract for liability insurance and entered into a contract for product liability insurance (hereinafter “instant insurance contract”) with respect to the installation, dismantling, repair, inspection, etc. of elevators, escalators, automatic news reports, and parking facilities by setting the insurance coverage amount of KRW 200 million from September 26, 201 to September 26, 201, the insurance coverage amount of KRW 200 million per accident, and KRW 300,000 per accident.

(2) However, around 14:00 on October 27, 201, the instant officetel occupant, on the name omitted, does not have a smooth action in the process of operating the instant first unit operation board located on the fourth floor of the instant officetel in order for the instant officetel occupant to release his/her own vehicle, and then the machinery has been cut off, and then the vehicle wheeler has been subdivided.