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(영문) 서울중앙지방법원 2018.09.12 2017가합513472

구상금

Text

1. The Defendant: (a) KRW 227,118,258 for the Plaintiff and KRW 5% per annum from December 18, 2015 to September 12, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On September 2012, the Defendant entered into a safety management agency contract with C (hereinafter “Nonindicted Company”) to perform safety management duties, such as construction, maintenance, and operation of the above facilities, as follows, with respect to electrical facilities for private use operated by the Nonparty Company:

(hereinafter referred to as the “instant contract”). The purpose of this case is to provide for all the matters concerning the electrical safety control pursuant to the contract with the Defendant (hereinafter referred to as the “B”) in order to ensure the safety of the construction, maintenance and operation of electric installations under Article 73 of the Electric Utility Act by the truster (hereinafter referred to as the “Nonindicted Company”) in accordance with the contract with the Defendant (hereinafter referred to as the “B”) in order to secure the safety of the construction, maintenance and operation of electric installations under Article 73 of the Electric Utility Act, the monthly fixed fee of 850kW electrical power supply capacity of 850kW contracting maximum power supply capacity of 850kW.

Article 8 (Supervision of Electrical Safety Management Business) (1) The supervision of the safety management of the construction, maintenance and operation of electric installations shall be overall and managed by “B”.

(2) If the Technology Institute in charge is unable to perform its duties due to travel, disease, or any other reason, it shall have an equal or higher qualification holder act on its behalf.

(3) The chief liaison officer shall take charge of liaison with “B” and the order of electric installations concerning the matters necessary for the operation and management of the electric safety management affairs.

Article 9 (Duties of Owners or Possessors) Opinions of "B" shall be followed with respect to the construction, maintenance and operation of electric installations.

Article 14 (Circuit, Inspection, and Examination) "B" shall implement plans necessary for inspection, measurement, and examination of the construction, maintenance, and operation of electric installations.

Article 1 (Duty to Notify) “A” of the Convention shall notify “B” of the specific details thereof without delay in the following cases:

(1) Any electrical accident or other electrical equipment which has occurred or is likely to occur.