beta
(영문) 서울중앙지방법원 2014.07.11 2012가단5059896

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a facility owner liability insurance contract with Nonparty A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendant entered into an elevator maintenance contract with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), as shown in the attached Table 1, with respect to the elevator installed at four points, including the luminous reputation B operated by Nonparty Co., Ltd. (hereinafter “instant building”).

B. On June 5, 2010, C (hereinafter referred to as “victim”) took away from the instant building located in E on or around the plane of the fourth floor of the fourth floor of the 4th floor platform and cut off from the 5th to the 4th floor of the E with the splate (hereinafter referred to as “instant Eplate”) with the string of the 5th and the 4th floor of the 5th to the 4th floor of the 4th floor. The knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife (hereinafter referred to as “instant accident”).

C. On October 20, 201, the Plaintiff agreed to pay KRW 22,000,000 for damages with the victim. On the same day, the Plaintiff paid KRW 21,90,000, excluding KRW 100,000 for self-paid expenses of the victim.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 6 to 8 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was caused by the mistake that the Defendant neglected to maintain and repair the elevator management business owner of the instant building, thereby neglecting the two compacts, which are destroyed by the Defendant’s neglect of the duty to maintain and repair the instant escalator, and thus, the Defendant is liable to compensate the victim for damages caused by the instant accident.

However, the defendant pays insurance money according to the insurance contract that the plaintiff concluded with the victim.