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(영문) 서울중앙지방법원 2015.12.01 2015나30946
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an insurance company that entered into an insurance contract (hereinafter “instant insurance contract”) with Lebeter Co., Ltd. on June 21, 2006, covering the insurance period as of July 26, 2007 with the term of insurance as of July 26, 2007.

(2) In March 2007, the Defendant opened and operates the new world department store (hereinafter referred to as “instant department store”) in the Gandong-si (Seoul-si) (Seoul-si).

B. The Defendant contracted the elevator repair business (1) in the department store of this case to the Escluf elevator corporation (hereinafter “Esluf”), which installed the elevator in the department store of this case, contracted the elevator repair business.

(2) On March 1, 2007, E.V. L. L.V. contracts for the instant repair and checkup of the following contents:

A) The contract is concluded. Article 4 [Scope of the contract] 1) Permanent Repair Work (regular/ Close Inspection, Standby, Acceptance/Regular Safety Inspection, Change of Parts, etc.) 2) Permanent Inspection, Repair Work (referring to the Repair Work ordered by "A" to "B" (including the Repair Work ordered by B) Special Work, Supplement, and Defect Work 3) Special Work, Supplement and Defect Work) related to contracts and Prohibitions (hereinafter omitted), Article 5 [Scope of Repair Inspection] 1) to maintain the normal operational condition of elevators, "B" means cleaning, water supply, replacement of parts, adjustment, periodic inspection (self-inspection) to repair work in accordance with each of the following subparagraphs:

2-1) “A” and “Adjustment Manual” provided by “A” 2-3.

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