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(영문) 서울중앙지방법원 2019.04.09 2017나76984

관리비

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. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following ‘2. Additional determination' as to the assertion that the plaintiff emphasizes or adds to this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (1) The Plaintiff’s assertion 1) cannot be deemed to have agreed to replace the connection of this case without compensation on the basis of only some e-mail meetings held on December 17, 2014 and the following e-mail, and C does not have the right to make such agreement with the Defendant’s side to attend the above meeting and send e-mail (hereinafter “the e-mail”).

(2) The above replacement agreement constitutes a resolution by the board of directors, and there was no resolution by the board of directors on this matter.

(2) In connection with the instant connection, even if there is no defect, it should be deemed that there is a defect only in connection with the two connection where a fire occurred, even if there is no defect in connection with the instant connection. As such, only the right to claim damages for the said two connection should be acknowledged. Even if the defect in the entire connection of the instant connection is recognized, the amount of damages should be limited to the repair cost or the replacement cost, not the total replacement cost (hereinafter “third claim”).

B) (1) In order to discuss the countermeasures against the instant fire, the meeting was held on December 17, 2014 in order to discuss the head of the headquarters’s determination, and the Plaintiff’s side attended the meeting; and (b) the Defendant’s side on December 18, 2014, following the meeting on December 17, 2014, should remove the cause of the fire, as it is very dangerous if the fire is spread to the roof string of the string.

The connection of this case requires improvement (or replacement) of the connection of all factories because there are the same causes of the same fire recurrence in the internal structure, such as the electronic sign board, etc.

Therefore, the plaintiff's side is to improve (or replace) all connection points by June 2015.