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(영문) 수원지방법원성남지원 2014.06.13 2012가합23210

손해배상(기)

Text

1. The Defendant’s KRW 56,307,199 as well as 5% per annum from September 29, 201 to June 13, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the council of occupants' representatives comprised of occupants for the management of the Seongdong-gu B apartment in Seongbuk-gu, Sungnam-si (hereinafter "the apartment of this case").

B. On September 1, 2011, the Defendant entered into an entrustment contract concerning the management of the instant apartment (hereinafter “instant entrustment contract”) with the non-party management corporation, a housing management operator (hereinafter “non-party company”). The main contents are as follows.

Article 1 (Subject Matter of Management) The subject matter of management entrusted to the contract shall be the subject matter of management specified in attached Table 1 of the Rules for the Management of Multi-Family Housing of the defendant.

Article 2 (Entrusted Management Affairs)

1. The management affairs entrusted by the defendant to the non-party company are as follows:

Affairs of the managing body under the subparagraphs of Article 5 (1) of the Enforcement Decree of the Housing Act and the subparagraphs of Article 25 of the Rules;

(b) In addition to the duties prescribed in subparagraph 1, matters prescribed as the duties of the managing body by the Housing Act, the Enforcement Decree and the Enforcement Rule;

C. On September 28, 201, at around 15:35, 201, security guards belonging to the non-party company: (a) observed and reported the occurrence of water vapor at the exchange room of the mechanical room No. 131 and 10 located underground between 132 units of the instant apartment building; (b) confirmed that the equipment engineer D and the head of the equipment team dispatched to the site and confirmed that the mechanical room was being flowed by a heavy temperature; and (c) attempted to lock the underground valves of the heat pipe from among the water level of the high temperature water level of the mechanical room; (d) did not come to contact the Plaintiff, who is the head of the equipment division. As the Plaintiff, who was contacted, moved to the site of the accident, and the body of the district heating unit, which was under the boundary of the news table, died into the body, resulting in the occurrence of an accident (hereinafter “instant accident”).

The management rules of the apartment of this case and the relevant Acts and subordinate statutes which were in force at the time of the accident of this case are as follows.

[Management Rules] Article 1.