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(영문) 서울중앙지방법원 2015.01.09 2013가합91141
손해배상
Text

1. Defendant B Co., Ltd. shall pay KRW 65,00,000 to the Plaintiff as well as its annual interest from October 25, 2013 to January 9, 2015.

Reasons

1. Basic facts

가. 당사자의 지위 1) 원고는 승마용 말인 1999년생 벨기에산 웜블러드종 숫말 1필(이름 : D, 이하 ‘D’이라 한다

(E) 1 metrop (e.g., e., hereinafter referred to as “E”) and D and E in 2005 for the 2005 Macop.

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is operating a G riding club located in the F of Yongsan-gu, Yongsan-gu (hereinafter “instant riding club”) as a company with the purpose of running a tourist accommodation business, sports facility business, etc.

3) As examined below, Defendant C entered into an entrusted management contract (management expenses KRW 1500,00 per month) to which the management of D was entrusted to the instant riding track operated by the said Defendant on November 2008, and the entrusted management contract (management expenses KRW 900,00 per month) to which the management of E was entrusted to the same riding track (hereinafter “instant entrusted management contract”). Since then, each of the entrusted management contracts was automatically renewed every year (hereinafter “instant entrusted management contract”). The terms related to the instant entrusted management contract in the instant case are as follows.

Article 5 (Management of Entrusted Marins) Defendant B shall, for the management of entrusted horses, faithfully perform the following matters with due care as a good manager:

1. To provide sanitary meal services;

2. He/she shall keep 1 massages per stable and shall do his/her best to sanitary management, such as bathing;

3. Only the school officials or the persons concerned authorized by the Plaintiff may join the school for appropriate sports, training, etc.

4. Consumable goods, such as funerals, of foster horses, shall be continuously replaced;

Article 9 (Handling Accidents of Entrusted Marins) (1) In the event that any disease, injury, etc. occurs in the course of entrusted horse management, Defendant B shall take necessary measures.

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