beta
(영문) 서울중앙지방법원 2019.06.26 2018가단5059768

구상금

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 Jongno-gu Seoul Metropolitan Government building (hereinafter “instant building”) is a building consisting of the fifth to sixth underground floors, which was completed in the middle of 2013 and used as a theater, film theater, video theater, performance hall, etc.

B. A limited liability company D is a limited liability company that has entered into a contract with the Defendant, or is the same company as the owner or manager of the instant building, and the Plaintiff and the Defendant appear to be the owner or manager of the instant building. However, there is no dispute between the Plaintiff and the Defendant, and thus, only “G” in this context. On October 1, 2015, the Defendant and the Defendant, a company aimed at consulting business with respect to the instant building, etc., entered into a management service agreement (hereinafter “instant management service agreement”) with the main contents of “service name: facility/security management, U.S. dollars management, and service period: from October 1, 2015 to September 30, 2016; the contract amount: 13,658,800 won per month.”

C. Terms and conditions of the instant management services contract are Article 1 (Scope of Services) 1.3 (Facilities/Security Management Services).

Paragraph 2, "Disaster Prevention Affairs such as Fire Prevention and Flood Control, etc.", Paragraph 2, "All 7 persons (two facilities/security, five U.S. dollars (one person in a strike)", and Paragraph 3, Article 5 (Rights and Duties) states that "shall make it possible to prevent theft, fire, safety accidents, etc. in this building in advance and make every effort to manage accidents (Provided, That the accidents caused by negligence, etc., as well as civil and criminal liability)."

Around December 2, 2016, Co., Ltd. (hereinafter “E”) established stage lighting and stage lighting in the first place of the instant building (5th underground floor) (5th underground floor) for performance on the following day. However, around December 3, 2016, a sprinkler installed in the first place of the instant building (600th underground floor). However, around December 3, 2016, a sprinkler installed in the first place of the instant building.