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(영문) 대구지방법원 2016.06.02 2015가단5931

손해배상(기)

Text

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

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives of Daegu Suwon-gu A Apartment.

B. C is a person who signed a franchise agreement with Defendant B (hereinafter “B”) and opened and operated a “D” as his/her franchise store.

C et al., while driving the E-cargo while serving as a director of one household located in the apartment complex on July 26, 2014, destroyed this sculpture by making it more than the sculpture (F, material quality, g) in the attached list, which was installed in the north door of the apartment complex due to driving negligence, and making it far away from the upper part of the main body of this sculpture.

다. 이 조형물은 이 아파트 단지 건축 과정에서 ㈜웰빙디앤씨가 조각작가 G에게 대금 112,000,000원에 제작설치를 맡겨 G가 H의 보조를 받아 제작하여 설치한 것으로(그 제작설치계약에서 이 조형물의 저작권은 웰빙디앤씨에게 귀속한다고 약정하였다.), 현재 이 아파트 단지 입주자들이 공동으로 소유하는 물건이다. 라.

Defendant Samsung Fire Marine Insurance (hereinafter “T&T”) is an insurer of the comprehensive automobile insurance contract for the trucking transport of this cargo, who received the repair of this article from I, and I and Defendant Samsung Fire, agreed to entrust Ha with the manufacture of a new sculpture in the same form as this sculpture and repair it by re-construction method, and completed the installation of a new sculpture newly made by Ha around September 19, 2014 with the consent of the head of the apartment management office.

approximately 2.83 million won was required for the production and installation of a new sculpture, and 2.5 million won was paid to the J at the production cost.

E. Around October 15, 2014, G demanded the Plaintiff to remove a new sculpture, name tag, etc. and compensate the Plaintiff for damages on the ground that the new sculpture was not manufactured by itself.

F. Meanwhile, the article and other art works are subject to the exemption of the terms and conditions applicable to the comprehensive automobile insurance contract concerning the trucking transport.