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(영문) 서울남부지방법원 2019.05.16 2018가합102899

구상금

Text

1. The defendant shall pay to the plaintiff KRW 143,65,200 per annum from April 18, 2018 to May 16, 2019 and the next day.

Reasons

1. Facts of recognition;

A. The owner of the Emiddle School building located in Namyang-si, Namyang-si (hereinafter “instant building”) is Gyeonggi-do, and F Co., Ltd. (hereinafter “F”) was granted by the Gyeonggi-do Office of Education the operation and management right of the instant building. The instant building is used as Emiddle school by the Gyeonggi-do Office of Education for Namyang-si, Gyeonggi-do.

B. From around 2012, F entrusted the management and operation of the instant building to the Defendant, the Defendant operated and managed the instant building so far.

C. On March 1, 2015, the Defendant entered into a service contract for the maintenance and management of the fire-fighting systems of the instant building between March 1, 2015 and March 1, 2015 to February 28, 2017.

G conducted a comprehensive precise inspection of fire-fighting systems in January 2016, and conducted a monthly fire-fighting safety inspection, and managed fire-fighting systems such as preparing disaster prevention log every day.

On March 1, 2015, the Defendant entered into a service contract with H Co., Ltd. (hereinafter referred to as “H”) on the electrical safety control of the instant building from March 1, 2015 to February 28, 2017.

H conducted a comprehensive inspection of electric installations in January 2015, and conducted an electrical safety inspection four times a month, and managed electric facilities such as preparing a daily inspection log.

E. On December 2016, the head of the district office of education in the Namyang-ri District District Office of Education joined the Plaintiff A with the payment limit of KRW 311,163,180 on the accessories (bicycles, Capitals, etc.) installed in the instant building, and KRW 675,256,59 on the goods kept (main agents, books, etc.) as KRW 986,419,79 on the goods kept.

F. From February 28, 2016 to February 28, 2017, the Defendant subscribed to a comprehensive property insurance with the content that the Defendant will receive insurance money in the event that the Defendant bears the responsibility with respect to the instant school building from February 28, 2016 to February 28, 2017.

G. On December 8, 2016, a fire occurred on the instant building (hereinafter “instant fire”).

As a result of the assessment of fire causes, the building in this case central.