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(영문) 서울중앙지방법원 2017.09.14 2017나4309
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 3, Gap evidence No. 14, and Gap evidence No. 17 by integrating the whole purport of the pleadings:

1) The Plaintiff is an intermediary apartment in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 207-ro 17 (hereinafter “instant apartment”).

(2) Around September 6, 2013, the Plaintiff entrusted the management of the instant apartment to the Defendant, and entered into an entrustment management contract with the same content as the attached Form (hereinafter “instant management contract”).

B. (1) The Plaintiff: (a) from October 13, 2014 to October 15, 2015 of the same month, the Dasan Industrial Management Co., Ltd. (hereinafter “Dasan Industrial Management Co., Ltd.”) ordered the cleaning and disinfection of the water tank installed in the instant apartment; (b) on October 13, 2014, the employees belonging toDasan Industrial Management Co., Ltd. completed the cleaning of the wall and floor water of the instant apartment tank 106 front water tank (hereinafter “instant water tank”); and (c) on the same day, employees belonging to the Defendant were engaged in receiving water from the said water tank.

3) However, on October 14, 2014, when the water tank of the instant apartment was exceeded, the two tools, pumps, and pumps of the instant apartment was divingd into the water, and accordingly, the accident involving the supply of tap water to each of the foregoing apartment units (hereinafter “instant accident”).

A. The occurrence occurred.

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant has a duty to manage the apartment of this case with the care of a good manager in accordance with the management contract of this case. 2) Nevertheless, the defendant violated the above duty and neglected the inspection of safety devices, such as confirmation and electric drums, which are installed in the water tank before receiving water of this case, and thereby preventing the accident. The water level of the defendant's water when receiving water of the water tank from time to time.

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