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(영문) 서울중앙지방법원 2015.07.16 2014나4605
구상금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A-owned and B-driving C KS7 car (hereinafter “Plaintiff-related car”), and the Defendant is the owner of the E-parking lot located on the sixth floor of Jongno-gu Seoul Metropolitan Government D Building (hereinafter “instant parking lot”).

B. On April 15, 2013, at around 15:20, the Plaintiff’s vehicle parked on the 8th floor of the instant parking lot: (a) entered the vehicle into the mechanical parking machine (hereinafter “instant parking machine”) No. 3 in the said parking lot in order to have the Plaintiff’s vehicle parked on the 8th floor of the instant parking lot; and (b) made the instant parking machine cut off on the 1st floor; (c) while the front part of the Plaintiff’s vehicle is too close to the front part of the parking machine, the parking machine does not work; (d) while the vehicle stopped at a fixed location by driving the Plaintiff’s vehicle in accordance with the direction of the parking guide, the said automatic door contacted the Plaintiff’s vehicle with the front part of the vehicle, which attempted to resume the vehicle even though the automatic license started to work and closed, and even if it was, it was destroyed by having the front part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

The repair cost of the Plaintiff’s vehicle due to the instant accident is KRW 364,400, and the repair cost of the instant parking machine is KRW 3,230,063.

On the other hand, the Defendant, on October 10, 201, entered into a contract on the cost contract between the Pscopherex Co., Ltd. (hereinafter “PP”) and the Pscopherex (hereinafter “PP”), under which the management of the instant parking lot is based on the monthly contract price of KRW 93,840,000.

Upon concluding the contract, the above contract was maintained. E. In addition, on June 1, 2010, the defendant entered into a comprehensive maintenance and repair contract for the maintenance and management of parking machines installed in the above parking lot, including the instant parking machine, between the office elevator limited company and the defendant entered into a comprehensive maintenance and repair contract for the elevator installed in the above parking lot, and was subject to regular inspections twice a month at the time of the instant accident.

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