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(영문) 서울중앙지방법원 2019.05.31 2018가단5079465

구상금

Text

1. The Defendants jointly committed against the Plaintiff KRW 176,866,750 and KRW 90,000 among them, from July 12, 2017 to 86.

Reasons

1. Facts of recognition;

A. Nonparty E is the owner of the building on the ground (hereinafter “instant building”) other than Mapo-gu Seoul, Mapo-gu and one parcel.

In the instant building, parking lots (hereinafter “instant parking lots”) are annexed to the instant parking zone, and parking facilities, such as a vertical cycle parking machine, are installed in the said parking zone.

B. On April 25, 2014, the Plaintiff concluded an insurance contract with E with the following content (hereinafter “instant insurance contract”).

The name of goods: E contract number: H insurance period: from April 25, 2014 to April 25, 2019 (5) - The subject matter and details of coverage of the instant building: Fire damage [building (non-building)] 2,300,000,000 - The parking place of this case: Fire damage [fire (non-building] 25,000,000 won [fire damage] 20,000 won [facilities (non-age] 20,000 won

C. Around January 1, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a repair contract with respect to a vertical cycle parking machine installed within the instant parking zone (hereinafter “instant parking machine”) with E (hereinafter “instant parking machine”), under which the period of the repair contract was determined from January 1, 2017 to December 31, 2018 (hereinafter “instant maintenance contract”), and has managed it.

Defendant C is a parking machine manager belonging to Defendant B, and Defendant D is a one-time contact.

On May 12, 2017, Non-party I, the owner and manager of the instant parking zone, was operating the instant parking vehicle, and the noise and vibration was reduced, demanded to contact and check and repair the Defendant B. Accordingly, Defendant C and Defendant D, the parking machine manager belonging to Defendant B, conducted the instant parking machine maintenance and repair work on May 13, 2017.

At the time, Defendant D, under the direction of Defendant C on the second floor of the instant parking zone, carried out the melting work of the steel-line structure of the vehicle in front of the steel-line facility. Defendant C assisted the melting work in front of the vehicle. The inside of the instant parking zone is a place where inflammable materials, such as a smoking wall, are located.