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(영문) 서울중앙지방법원 2016.04.08 2015나68231

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. After concluding a contract with the Seongbuk-gu Seoul Metropolitan Council of Residents' Representatives for the entrusted management of multi-family housing with the housing management company (hereinafter "non-party company"), the housing management company (hereinafter "non-party company") has placed the head of the management office in charge of overall management, direction and supervision of the above apartment management company.

B. Since November 1995, the Plaintiffs reside in Seongbuk-gu Seoul Metropolitan Government 115 Dong 104 (hereinafter “instant apartment”) (hereinafter “instant apartment”).

C. On December 7, 2012, the Defendant entered into a water tank cleaning and disinfection contract (hereinafter “instant contract”) with the management office of the instant apartment complex (the head of the management office D) on the condition that the said apartment complex cleans and disinfects the underground water reservoir and high-priced water tank within the apartment complex. The specific contract details were KRW 4,432,00 (including value-added tax) from December 7, 2012 to December 13, 2012 during the cleaning period, KRW 14,00 tons of the underground water reservoir (one place in 8,500 tons), high-priced water tank (2,017 tons, 30 Dong total number of 83 rooftops), cleaning amount (including 4,432,00 won).

On December 10, 2012, around 9:00 a.m., Defendant employees commenced water tank cleaning work in order to conduct water tank cleaning work on the 20th floor of the instant apartment on the 20th floor. As a result, the Plaintiffs suffered from flood damage (hereinafter “the instant apartment accident”), which was caused by the flow of water drained through the drainage hole on the northwest of the instant apartment (hereinafter “the instant apartment accident”). At 204, 304, the upper floor of the instant apartment, both of the instant apartment, suffered flood damage.

E. Accordingly, the plaintiffs filed the instant lawsuit against the non-party company and the defendant, and the non-party company and the defendant agree with the following: “The non-party company shall not invoke the damages claim between the plaintiff and the defendant, and shall not interfere with the claim for reimbursement against the defendant of the non-party company” under the premise that “the non-party company shall receive KRW 10 million as damages.”