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(영문) 대전지방법원 2015.11.11 2014가단222258
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body of the building in Seo-gu Daejeon (hereinafter “Ftel”), Seo-gu, Daejeon (hereinafter “Ftel”); Defendant B is the owner of Ftel 12 stories A, Defendant C is the husband of Defendant B, and the owner of Ftel 12 stories B.

B. Around July 2011, Defendant B and C contracted the remodeling construction of Ftel 12 stories to Sung Integrated Construction. Defendant AB and C subcontracted the foregoing construction work to Defendant D, which Defendant E operates.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Plaintiff’s assertion and determination as to the cause of claim

A. From the end of July 201 to May 2012, 201, the Defendants asserted by the Plaintiff: (a) engaged in repair works for the 12th floor of Ftels; (b) engaged in transporting building materials and wastes to passengers to damage the function of the elevator; and (c) thereby, the Plaintiff incurred damages for replacing or repairing the elevator parts; (d) thereby, the Plaintiff sought payment of KRW 25 million, which is a part of the repair cost.

B. Determination is based on the following circumstances: (a) the Defendants submitted pictures with large volume volume and waste and construction materials transported to straws; (b) there is no evidence to prove that the Defendants failed to submit photographs transporting waste or construction materials to straws; (c) there is a situation in which parts are replaced or repaired due to heavy weight of the elevator; and (d) other owners of the Ftel’s different categories of parts are required to replace or repair the elevator parts, even if they were to transport the elevator parts, using the elevator for passengers.

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