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(영문) 서울중앙지방법원 2019.03.22 2018나31995

손해배상(자)

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 judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate group representing the occupants of the Gangnam-gu Seoul A apartment complex.

On November 16, 2013, the helicopter belonging to Defendant C Co., Ltd. (hereinafter “Defendant C”) conflict with the said apartment Ddong during flight.

Defendant C ordered the construction of the accident site to Defendant B (Co., Ltd. before the change: E) in order to recover from the collision accident. On November 17, 2013, Defendant C drafted to the Plaintiff a letter of intent to bear all responsibility, including the management and supervision of the construction process and the compensation for the secondary damage arising during the construction work, in relation to the apartment recovery work for the occupants who suffered from the collision of helicopters.

B. A tenant’s lawsuit and Defendant B, in the past, installed a fruit for restoration work on the Fdong apartment passage. On November 18, 2013, G, which is an apartment tenant, went beyond the boundary of the vicinity, and G and his spouse filed a lawsuit seeking compensation for damages due to a tort with the Plaintiff, the Defendants, and other controlled entities as co-defendants (this Court Decision 2016Da5272789).

On January 30, 2017, the Plaintiff appointed an attorney-at-law at his/her own expense, and disbursed KRW 5,500,000 at his/her own expense, and the husband and wife withdrawn his/her claim against the Plaintiff on March 30, 2017.

On September 2017, the Plaintiff filed an application with G husband and wife for the determination of the amount of litigation costs under this Court Decision 2017Kada1219, and received a decision to determine that the Plaintiff is KRW 2,508,463, respectively, as shown in the attached litigation cost calculation statement.

【Ground for Recognition: Facts without dispute, entry of evidence A1 through 14 (including additional number), purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion Defendants shall manage the site in the position of the contractor and the contractor of the project at the scene of the accident.