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(영문) 수원지방법원성남지원 2015.10.20 2014가단22559

손해배상

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 is operating a bath (hereinafter “the instant bath”) with the trade name “Crata” from the first floor of the 1st floor of Seongbuk-gu B Officetel (hereinafter “instant building”) in Sungnam-si (hereinafter “Crata”).

B. On March 31, 2012, the Defendant entered into a management service contract with the managing body of the instant building to the effect that the period from April 1, 2012 to March 31, 2014 is set as KRW 32,384,198 per month and that the Defendant will be entrusted with the management of the instant building, United States management, security management, parking management, etc. (hereinafter “instant management contract”).

C. On October 11, 2013, there was an accident that happens in which the electric shock was set due to the power distribution plate of the instant rainy (hereinafter “the primary electric shock accident”). D. on February 2, 2014, around 19:00, an accident occurred in the D building near the instant building, where the voltage was set due to the breakdown of the electric shock (hereinafter “the secondary electric shock accident”).

[Ground of recognition] Facts without dispute, Gap 1, 17 evidence, Eul 1, 3 and 11 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s summary of the Plaintiff’s assertion (1) The first power-driven accident occurred by putting out the pipes of the 1st floor of the instant building, which is the common area, influent, the pipes of the 1st floor of the instant building, and resulting in the leakage of water in the instant shooting or the Southern Pool distribution board.

The defendant is obligated to pay remuneration in accordance with the management contract of this case.

Nevertheless, the defendant extended the plaintiff's damage by spreading the location of the flooded power distribution circuit to force the leakage circuit breaker, and by falsely connecting the distribution boat, etc.

(2) Unlike neighboring buildings where electricity was restored for 3 to 5 minutes due to the failure of the Defendant to respond appropriately to the second-time accident, the instant building remains 50 minutes before the end.

(3) As the Defendant failed to properly perform its management duty under the instant management contract, the Plaintiff.