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(영문) 부산지방법원 2020.06.17 2019가합50874
구상금
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 the council of occupants' representatives under the Multi-Family Housing Management Act composed of occupants and users of Busan Jin-gu A apartment (hereinafter "the apartment of this case"), and the defendant is a company established for the purpose of building and housing management business.

B. On February 25, 2016, the Plaintiff entered into a contract with the Defendant for the management of multi-family housing (hereinafter “instant management contract”) with the term of the contract from March 1, 2016 to February 28, 2019. The Defendant’s entrusted management work is subject to incidental facilities, such as the instant apartment building and parking lot, and the scope of the Defendant’s liability for damages is as follows.

(hereinafter referred to as “A” and “B” shall compensate the Defendant for the total amount of damage incurred when the employees of “B” and “B” intentionally or by negligence inflict monetary damage on A or residents in the performance of their duties.

(2) The limit of responsibilities of Section B for entrusted management shall be limited to common areas, etc. of collective housing of Section A except as otherwise expressly provided for in the Housing Act and subordinate statutes, and the reasons therefor shall be

1. Where the employee of Eul or Eul inflicts damage on the building or facilities on purpose or by gross negligence;

2. Where the employee of Eul or Eul inflicts damage on the occupant, etc. by intention or gross negligence;

3. Where the employee of Eul or Eul inflicts a safety accident or money accident on purpose or by gross negligence;

C. On August 25, 2017, around 01:00, the instant apartment machine room, the water tank, the water tank, the water tank, the water tank, the water tank, the water tank, the water tank, the waterworks business operator, etc. supplied, continuously supplied the water tank (water supplied by city water and the waterworks business operator). The instant apartment C-dong underground parking lot, the water tank, through the water tank, exceeded the third floor of the instant apartment C-dong underground parking lot, resulting in the inundation of the vehicles of occupants, etc. (hereinafter “instant accident”).

at the time;

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