beta
(영문) 서울중앙지방법원 2017.07.21 2014가단5218873

구상금

Text

1. The Defendant’s KRW 6,615,600 as well as the Plaintiff’s annual rate of KRW 5% from January 11, 2014 to July 21, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer that concluded an automobile insurance contract with respect to each of the motor vehicles listed below in the insured column and each of the motor vehicles listed below in the insured vehicle column (hereinafter referred to as “instant damaged motor vehicles”).

The insured Workers’ Payment Date (won) A B B B on August 28, 2013 22,00,000 CD on January 10, 2014; F. 3,427,000 G on September 12, 2013, October 7, 2013; 139,00 HI on October 1, 2013; 22,052,000 (hereinafter referred to as “1,040,000”) on September 1, 2013

B. The defendant is a project undertaker who constructs and sells J apartment 8, J apartment 330, Dong 330 and other incidental and welfare facilities (hereinafter "the apartment complex of this case"), and is a project undertaker who constructs and sells the apartment complex prescribed by Presidential Decree (including construction of facilities other than housing and appurtenant and welfare facilities, but excluding facilities to be sold to the general public among welfare facilities; hereinafter the same shall apply) under Articles 43 and 43 (Management Body, etc.) of the former Housing Act (Amended by Act No. 12115, Dec. 24, 2013) (1) shall directly manage the apartment house until the majority of prospective occupants move into the apartment complex of this case, and if a majority of prospective occupants move into the apartment complex of this case, he/she shall notify the occupants of the fact and request the management of the apartment house pursuant to paragraph (2).

(2) Residents shall autonomously manage a collective housing falling under paragraph (1) pursuant to paragraph (4), or manage it by entrusting a housing management operator under Article 53 with the management thereof.

(4) Where the council of occupants' representatives intends to autonomously manage multi-family housing, it shall appoint the head of a management office of multi-family housing as the representative of the autonomous management body and organize an autonomous management body equipped with technical human resources and equipment prescribed by Presidential Decree within six months

Provided, That the method of management by self-management shall be performed by entrusting a housing management operator under Article 53.