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(영문) 창원지방법원 2015.01.16 2011가단24091
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a person who was living in Sungwon-si G Apartment (hereinafter “instant apartment”) Nos. 115 and 1005, 115, 105, and Plaintiff B is the wife of Plaintiff A, Plaintiff C, and Plaintiff D.

B. On June 13, 2008, the council of occupants' representatives of the defendant G apartment (hereinafter "the council of occupants' representatives") is the council of occupants' representatives of the apartment of this case, and the defendant GWS Co., Ltd. (hereinafter "the defendant company") entered into a contract on the management of the apartment house and a cleaning service contract with the defendant's council of occupants' representatives on the apartment of this case.

C. At around 08:00 on April 20, 2009, Plaintiff A suffered from an accident, such as spinal pressure dives, etc. (hereinafter “instant accident”), which was exceeded from the second basement parking lot of the 115 unit of the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3-3, Gap evidence 8, Eul evidence 1, Eul evidence 2 and the purport of whole pleadings

2. Determination as to the occurrence of liability for damages

A. The plaintiffs asserted as follows, and they claim compensation of KRW 5,932,700, and KRW 5,000,000 for damages, respectively, as follows: (a) damages arising from tort or nonperformance caused by the accident in this case against the defendants; (b) the plaintiff A claimed compensation of KRW 208,914,950 in total of daily income, future treatment expenses, and solatium; and (c) the plaintiff B claimed compensation of KRW 5,932,70 in total of nursing expenses, consolation money, and solatium.

1. Although the Defendant Company was negligent in performing the safety management duties and cleaning duties of the instant apartment in accordance with the collective housing consignment management contract and cleaning service contract concluded with the Defendant’s council of occupants’ representatives, it was negligent in neglecting the safety management and cleaning of the second underground parking lot, which is a common area, and neglecting the engine errors in the second underground parking lot, and thereby, the Plaintiff Company caused the said engine errors and caused the instant accident.

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