(영문) 서울동부지방법원 2014.12.19 2013가단61115

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(영문) 서울동부지방법원 2014.12.19 2013가단61115

위약금

Text

1. The Defendant shall pay to the Plaintiff KRW 5,101,200 and the interest rate of KRW 20% per annum from December 28, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From April 25, 2008, the Plaintiff and the Defendant entered into a comprehensive maintenance contract with the Plaintiff to comprehensively maintain and manage the 23 elevators located in the Defendant apartment complex. The term of the contract (five years) terminated on April 30, 2013, and on May 1, 2013, newly entered into a comprehensive maintenance contract with the Plaintiff to continue managing the elevators again for five years (hereinafter “instant maintenance contract”).

B. The main contents of the instant maintenance contract are as follows.

(1) Period of contract: Monthly maintenance and repair fees of five years from May 1, 2013 (Article 1(6) of the Contract: 4,251,000 won (including value-added tax) (2) The plaintiff shall conduct self-inspection and oil supply, adjustment, cleaning, replacement of parts, etc. of elevators once a month, as prescribed by relevant Acts and subordinate statutes, such as the Safety Control of Elevator Facilities.

(Article 2 (1) of the Contract) (3) In the event of a breakdown in an elevator in operation, the plaintiff shall promptly dispatch an engineer to provide him/her with "emergency treatment services" so that appropriate measures can be taken.

(Article 2 (4) of the Contract) (4) The plaintiff shall repair or replace without compensation parts required for the treatment of the breakdown of an elevator, regular inspection, replacement of parts, etc.

The replacement of this part shall be conducted where the plaintiff deems it necessary according to the result of a regular diagnosis by the plaintiff.

(Article 2(5) and (6) of the Written Contract and the affairs related to the payment and inspection of inspection fees related to the regular inspection (or close safety inspection) of an elevator conducted pursuant to statutes shall be paid and performed by the plaintiff.

(Article 2 (7) of the Contract) (6) The matters pointed out by the plaintiff's intentional or negligent act at the time of the regular inspection of the above elevator shall be fully responsible and supplemented by the plaintiff.

(7) The plaintiff or defendant is a party to the other party.

참조조문

-승강기시설 안전관리법

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