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(영문) 서울남부지방법원 2015.06.05 2015나514
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The purport of the judgment of the court of first instance is to be stated.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of installing, maintaining, and repairing communications security equipment, and the Defendant is the council of occupants' representatives comprised of representatives from each Dong of Gangseo-gu Seoul Metropolitan Government A Apartment (hereinafter “instant apartment”) pursuant to the Housing Act.

B. In around 2003, the Plaintiff and the Defendant entered into a contract for maintenance and repair of telecommunications security equipment (hereinafter “instant contract”), such as terphones, CCTV, parking blocking machine, broadcasting facilities, and public office facilities, installed in the instant apartment (hereinafter “instant contract”), and extended the contract term each year with the same content, and finally, on September 1, 2012, the contract term was fixed from September 1, 2012 to August 31, 2013 as KRW 454,200 per month (including value-added tax) and renewed the instant contract.

The main contents of the instant contract are as follows.

1. The term "maintenance and repair" in this contract means all preventive inspections and repairs at the time of occurrence of any trouble for the normal operation of the relevant machine;

2. The Plaintiff shall conduct a preventive inspection and repair once a month for buphones, CCTVs, parking blocking devices, broadcasting facilities, and public office facilities owned by the Defendant so as not to hinder daily work.

6. The term of validity of this contract shall be fixed on the date specified in the contract, and if the plaintiff and the defendant are not informed of the cancellation one month prior to the expiry date of the contract, this contract shall be automatically extended by one year.

9. The plaintiff shall not be held liable for the maintenance and repair stipulated in this contract in any of the following cases:

1. In the event of failure due to an earthquake, lightning, storm and flood disaster, or any other force majeure disaster, the plaintiff shall immediately engage in maintenance and repair, and in this case, the defendant shall pay the actual expenses necessary for the repair separately from the principal contract.

C. On November 7, 2010, the instant apartment is provided with communication equipment, such as diaphones, when lightning accidents occurred in the instant apartment.

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