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(영문) 서울중앙지방법원 2018.07.24 2016가단5155723
손해배상(기)
Text

1. The Defendants jointly share KRW 9,087,084 to Plaintiff A, KRW 15,753,750 to Plaintiff B, and each of them on December 2, 2015.

Reasons

1. Facts of recognition;

A. On December 1, 2015, the deceased E (hereinafter “victim”) resided in the apartment house located in the apartment bank in Seoul Special Metropolitan City, the Seoul Housing and Urban Corporation (former name: SH; hereinafter “Defendant Corporation”) that is a public rental house supplied and managed by the Seoul Special Metropolitan City, which is a public rental house entrusted and supplied by the Seoul Special Metropolitan City (hereinafter “instant apartment”) and died from a fire that occurred inside the apartment bank in the instant case, around 23:56, around December 23, 2015.

The deceased E, the victim of the instant fire accident, has four children (H, I, and Plaintiffs 2), including the Plaintiffs, who are married children.

B. The Defendant Corporation is a public corporation in the position of managing body and the lessor of the instant apartment complex. The Defendant Corporation concluded a management service agreement with the Defendant Corporation and the apartment complex and performed management services for the instant apartment complex. At the time of the instant fire as an employee of the Defendant Corporation, Defendant C served as the managing office of the instant apartment complex, and Defendant D served as an employee of the instant apartment complex management office in accordance with the said management service agreement.

C. The management form for rental apartments, the management entity of the Defendant Corporation, was the direct management method directly managed by the Defendant Corporation through its employees, the consignment management method entrusted by the Defendant Corporation to the specialized controlled entity, and the management service contract method for the employees belonging to the Defendant Corporation, who conduct the duties of the management office, and the specific management duties were conducted by the on-site agent (director of management division) supplied by the management service entity in the form of a service contract and the manager’s direction and supervision. In the case of the instant apartment complex, the apartment complex was managed through the management service contract method.

The apartment of this case is about 200.

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