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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Defendant.
Reasons
1. Determination on the Plaintiff’s claim against Defendant Seo-gu Incheon Metropolitan City
A. Facts of recognition 1) Seo-gu Incheon Metropolitan City Facility Management Corporation (hereinafter “Seo-gu Facility Management Corporation”).
In accordance with Article 76 of the Local Public Enterprises Act and Ordinance on the Establishment of Seo-gu Incheon Metropolitan City Facilities Management Corporation, the Corporation established on November 28, 200 for the efficient management and operation of public facilities designated by the head of Seo-gu Incheon Metropolitan City. 2) The defendant Seo-gu Incheon Metropolitan City concluded a business entrustment agreement with the Seo-gu Facilities Management Corporation in accordance with the Local Public Enterprises Act, etc. and entrusted the park and green
According to the above project entrustment agreement, the Seo-gu Facility Management Corporation shall perform the affairs such as the creation of parks and greenbelts, the management of trees, etc. (Article 2); Defendant Seo-gu, Incheon Metropolitan City shall compile a budget for the expenses necessary for the above affairs, personnel expenses, etc. and pay it to the Seo-gu Facility Management Corporation (Article 7); Defendant Seo-gu, Incheon Metropolitan City may request the Seo-gu Facility Management Corporation to submit necessary data concerning the entrusted affairs; and may issue necessary orders or instructions
(1) On July 25, 2017, the Seo-gu Facility Management Authority (Article 11(3) of the Seo-gu Facility Management Authority: (a) performed the 5 green belt creation work near Seo-gu Incheon, Seo-gu, Incheon, through its employees B, etc.; (b) during the first work, employees used a towing machine and parked in the zone where parking on the roads adjacent to the green area is prohibited. (c) The Plaintiff
(4) The Plaintiff entered into a comprehensive motor vehicle insurance contract with the owner of the Plaintiff from July 30, 2016 to July 30, 2017, with small stones or sand going off to sponsed. 4) The Plaintiff, who entered into the said comprehensive insurance contract with the owner of the Plaintiff, on September 7, 2017.
A total of KRW 4,429,000 was paid to the E Service Center, etc. that accepted the Plaintiff’s vehicle with respect to the damage to the entry in the port.
[Ground of Recognition] A. A. 1 through 7 (including the serial number), Eul. 1 through 6, and witness B of the trial.