beta
(영문) 부산지방법원 2019.04.11 2018나52051

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. Defendant B apartment occupants' representative council (hereinafter referred to as the "Defendant's representative council") is an organization composed of the occupants in order to manage the Suwon-gu B apartment (hereinafter referred to as the "the apartment of this case") in Busan. Defendant C is a company that performs the management work of the apartment of this case entrusted by the defendant's representative council.

B. The Plaintiff is an occupant residing in No. D of the instant apartment, a model name of the apartment, who owns and operates a f3-T vehicle with canum cancer f3-T (hereinafter “instant vehicle”).

C. From September 8, 2017 to September 13, 2017, the Plaintiff parked the instant vehicle in the underground parking lot of the instant apartment.

However, the parking lot site (hereinafter “instant parking lot site”) had any defects in water leakage in the ceiling of the underground parking lot, and as a result, there was an accident where pollutants, such as rainwater, fall into the instant vehicle (hereinafter “instant accident”).

[Ground of Recognition] Unstrifed Facts, Gap's images with Gap's evidence 7 through 10, 13 through 18, each of the descriptions and images with Eul's evidence 1, and the images with Eul's evidence 10 and 12

2. The Plaintiff’s assertion Defendants, as the manager of the instant apartment, clearly indicate that the place where pollutants, etc. fall down due to water leakage in the underground parking lot of the instant apartment is a prohibited parking zone due to water leakage, etc., and have the occupants not park in that place. However, they did not indicate “prohibited parking due to water leakage,” at the instant parking site where pollutants fall due to water leakage,” and the Defendants’ employees did not properly perform the instant apartment management duties, such as guiding the Plaintiff that the instant apartment is parked in the same wheel as the instant parking site.

The plaintiff shall manage the defendants' above.