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(영문) 서울중앙지방법원 2017.12.19 2016가단5177716
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 3,828,762 as well as 5% per annum from December 30, 2016 to December 19, 2017.

Reasons

1. Facts of recognition;

A. Defendant A and B are co-owners (the shares owned by Defendant A, 362/37, and shares owned by Defendant B 5/377) of the building of Gangnam-gu Seoul E-1 and above ground 6 (hereinafter “instant building”) as the managing body of the elevator elevator installed in the above building pursuant to Article 2 subparagraph 4 of the Elevator Facilities Safety Control Act (hereinafter “instant elevator”); Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the manufacturer or installer of the above elevator around June 201; Defendant C is the representative director of the Defendant Co., Ltd.; Defendant C is Sung-friendly Elevator Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) with the contract term around March 1, 2015 to March 31, 2017; the Plaintiff concluded the above elevator repair contract with Nonparty 1 and Nonparty 2, 2000,000,000 won for the elevator accident compensation insurance period from April 1, 2015 to March 31, 2017.

B. F was an employee who was parked in a mountain fluor and a postnatal care center located in the instant building (softing) on October 26, 2015, and around 12:20 on October 26, 2015, at the point where the said elevator used the instant elevator to move from 1st to 3rd floor, while moving the said elevator to 2nd floor, and the said elevator fell from 12nd underground floor (hereinafter “instant accident”).

C. After the occurrence of the instant accident, the Committee for Determination of Elevator Accident Investigation established pursuant to Article 16-4 of the Elevator Facility Safety Control Act concluded that the said accident was caused by the escape of the government from the main spicket and the failure to operate the emergency stop device of the instant elevator after investigating the occurrence of the accident and its causes, etc.

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