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(영문) 인천지방법원 2019.05.30 2018나60642

보수비

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The Plaintiff filed a claim for penalty, remuneration, unpaid parts, and statutory inspection expenses for an elevator in the first instance trial, and the court of first instance dismissed the Plaintiff’s claim in entirety.

Although the plaintiff appealed against this, the court expressed that the plaintiff did not object to the unpaid part cost and the statutory construction cost of the elevator.

(See 3 pages of the Reasons for Appeal). Therefore, this Court shall decide only on the claim for penalty or remuneration that the plaintiff is dissatisfied with, and shall not decide separately on the part that the plaintiff is not dissatisfied with, the unpaid part, and the claim for the statutory inspection cost of the elevator.

2. Facts of recognition;

A. On July 1, 2014, the Plaintiff entered into a contract for maintenance and repair of elevator FM (comprehensive) (hereinafter “instant contract”) with the Defendant regarding the maintenance and repair of the elevator installed in the building in the building in the building in the building in the building in the building in the Y-si, Nowon-gu, Seoul. From that time, the location and details of the contract for the elevator maintenance and repair business under Article 2 (Contract Object and Details) are as follows:

1. Location: D, E, F, G, and H (B building I, J, K, L, and M complex commercial buildings) of the Nowon-gu Seoul Special Metropolitan City;

2. Building name: B commercial buildings;

3. Details of the contract: 10 elevators, 10 escalators, 10 wheelchairs, and wheel chairss (21 units in total).

4. Contract amount: Monthly remuneration of 2,000,000 won (excluding value-added tax);

5. Period of contract: Articles 3 from July 1, 2014 to June 30, 2019 (60 months).

1. The plaintiff shall dispatch a training technician regularly every month to the contract elevator to maintain the safety and good driving condition of the elevator at all times by conducting various repairs, such as inspection, supply, adjustment, clean water, replacement of parts, etc., and shall prepare the inspection result as the inspection date and report it to the defendant.

Article 11 (Exemptions) The limits of inspection, repair and responsibility are after the second part of the power source breaker in the machinery room, such as the elevator in question, and the second part of the power source breaker in the machinery room (MAIN COTRAL) shall be followed: