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(영문) 서울중앙지방법원 2015.05.12 2014가단5362

구상금

Text

1. The Defendant’s KRW 162,402,610 as well as the Plaintiff’s annual rate from January 27, 2014 to May 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. On November 28, 2012, the Plaintiff entered into a mutual aid agreement with the council of occupants’ representatives for apartment organization fire concluded a mutual aid agreement with the council of occupants’ representatives for the apartment of this case and the mutual aid period from November 28, 2012 to November 28, 2013.

B. On September 7, 2011, the Defendant entered into an entrustment management contract with the council of occupants' representatives of the instant apartment, and managed the affairs prescribed in Article 55(1) of the Enforcement Decree of the Housing Act and Article 25 of the Enforcement Rule of the Housing Act.

C. On August 28, 2013, around 12:10, a fire that could not identify the cause of the instant apartment parking lot (hereinafter “instant fire”) occurred, and the head of the instant apartment parking lot was destroyed by failure in early extinguishment and fire spread to the entire underground parking lot.

The Plaintiff paid 406,006,527 won to the council of occupants' representatives of the instant apartment by November 11, 2013 in accordance with the above mutual aid agreement.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 9, the purport of the whole pleadings

2. The plaintiff's assertion is responsible for managing the apartment of this case. The head of the plaintiff's assertion has arbitrarily cut off the circuit of the fire-resistant engine so that the sprinkler did not work, and as a result, the damage was increased, the plaintiff shall reimburse the plaintiff with KRW 203,003,263 equivalent to 50% of the amount of damage paid by the plaintiff.

3. Determination

A. In full view of the fact-finding results of the fact-finding by Gap's evidence Nos. 8, 9, Eul evidence Nos. 1, 2, and 3, the testimony of the witness A and B, the testimony of this court, the Chuncheon chief of the fire department, and the representative director of the company in charge of the instant apartment parking lot prior to the occurrence of the instant fire, the defendant arbitrarily obstructed the circuit of a string machine installed in the instant apartment parking lot to automatically reduce fire and operate a sprinkler, and thereby, the instant fire.