beta
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 Plaintiff is residing in Yeonsu-gu Incheon Metropolitan City C Apartment (hereinafter “instant apartment”).
B. Around September 2015, Defendant Company entered into an elevator maintenance contract (hereinafter “instant contract”) with the head of the management office of the instant apartment with respect to 12 elevators installed in the instant apartment, which is the term of contract from October 1, 2015 to September 30, 2017, with respect to the maintenance cost of KRW 792,000 per month (including value-added tax).
C. Under the instant contract, the Defendant Company conducted inspections, water supply, and adjustment of elevators installed in the instant apartment complex once a month, and submitted a written inspection report to the instant apartment management office.
[Ground for Recognition: Facts without dispute, entry of evidence No. 4, purport of the whole pleadings]
2. On June 22, 2016, when the Plaintiff was boarding an elevator installed in the instant apartment Ddong (hereinafter “instant elevator”) on or around 17:30 on June 22, 2016, the Plaintiff suffered from the heat of the said elevator’s door on the right shoulder, the right shoulder, and the right shoulder part of the front door of the elevator.
(2) The Plaintiff’s assertion occurred due to the Defendant Company’s neglect of the duty of maintenance and management to be borne by the Defendant Company according to the instant contract. As such, the Defendant Company is obligated to pay to the Plaintiff the amount of damages incurred by the Plaintiff as compensation for tort, 2,034,940 won, solatium 16,00,000 won, and damages for delay.
3. Determination
A. In full view of the purport of Gap evidence Nos. 4, Eul evidence Nos. 1, 2, and 2 as well as the overall purport of the pleadings, the following facts are revealed: (a) around June 22, 2016, after receiving a report from the defendant company that the door of the elevator of this case continues to be opened and closed, Eul visited the apartment of this case; and (b) E determined that the offline of the elevator of this case was the cause of the above phenomenon.