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(영문) 서울동부지방법원 2019.06.04 2017가단127303
손해배상(기)
Text

1. The Defendant’s KRW 11,589,600 for the Plaintiff and 6% per annum from July 21, 2017 to June 4, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of all sectional owners for the common interest in the management and use of Atel in Gwangjin-gu Seoul Special Metropolitan City.

B. On December 30, 2016, the Plaintiff entered into a contract with the Defendant for the maintenance of mechanical parking facilities (number of vertical circulations, number of parking spaces: 16 vehicles; hereinafter “instant parking facilities”) of the instant officetel with the following content:

(1) On January 1, 2017 through December 31, 2018, the Defendant shall dispatch the instant parking facility to conduct a repair inspection once a month, maintain the safe and good driving condition of the instant parking facility, and prepare and keep the inspection log.

C. The instant parking facilities consisting of 16 parking spaces as follows, and the vehicles are installed and the moving devices that move below and below are connected to the following forests, and the chain sembly moves sembly into the power on the side of the sproket.

Of course, latitude and longitude

D. However, on April 12, 2017, there was an accident (hereinafter “the primary accident”) involving the wall of a building, where one of the V connected to the arms was cut off 14 times, and the two are faced with the wall of the building (hereinafter “the first accident”).

The Defendant accepted the part destroyed by the primary accident, and the instant parking facility was operated again from April 23, 2017.

E. However, on May 11, 2017, once one of the Vs connected to the armsts No. 8, once again, the accident occurred, such as the vehicle parked in the armsts No. 8 as a result of the accident, the balance between the arms would be lost, and the vehicle parked in the armsts no. 8.

hereinafter referred to as "the accident of this case"

(i) [In the absence of any dispute over evidence, Gap evidence Nos. 1, Eul evidence No. 3, the images of Gap evidence No. 11, the result of the appraiser C’s appraisal, the purport of the whole pleadings.

2. The Parties.

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