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(영문) 부산지방법원 2016.05.27 2015가단228993

보수비

Text

1. The Defendant: (a) KRW 37,441,81, and the Plaintiff’s KRW 5% per annum from September 1, 2015 to May 27, 2016; and (b).

Reasons

1. Factual basis

A. The Intervenor joining the Defendant: (a) installed an escalator on the luminous well-being map in connection with the subway Southern East East-dong; and (b) gratuitously reverted it to Busan Metropolitan City; (c) the maintenance and management of the escalator is implemented by Busan Metropolitan City; (d) the Defendant bears the electric charges and the management expenses.

The defendant is in charge of the above-management affairs transferred from Busan Metropolitan City.

B. On December 29, 2014, the Defendant concluded a service contract (hereinafter “instant service contract”) with respect to the safety inspection, maintenance, repair, etc. of the Plaintiff and escalators installed in the luminous well-being phase by determining the contract amount of KRW 19,316,00, the contract period from January 1, 2015 to December 31, 2015 (1 year), and the monthly inspection period of the service contract (hereinafter “instant service contract”).

The main contents of the contract are as follows:

【Design Statement】

4. Details of the service outline; and

(a) Self-inspection (based on once a month) and repair clothes (based on no more than 11 times a week, once a week), south (based on 12 times a week), and conducting regular inspections when a failure occurs;

(b) Stopdown and emergency exit at night and on holidays;

(c) Visits and ex post facto measures at regular inspections ( once a year);

(d) possessing necessary technical personnel and facilities, and holding a systematic management system that can be utilized in a timely manner, as necessary, (a) Article 1 (Maintenance Orders and Maintenance Expenses);

4. Elevators subject to maintenance, monthly maintenance expenses, and checkup cycle;

(c) Inspection time: A night inspection (22:00 to 22:00), and a day-time inspection (work and commercial closure day) for south-west underground shopping malls, in principle: Provided, That the day-to-day inspection shall be based on the regular inspection schedule;

Article 6 (Free-of-Charge Parts) “B” (hereinafter the same shall apply) shall provide “A” with the following parts necessary for the inspection and treatment of defects, and the replacement and repair of other parts shall be provided separately regardless of this contract:

Provided, That all parts shall be used by other national authorized organizations.