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(영문) 춘천지방법원강릉지원 2016.06.01 2015가단22072
구상금
Text

1. The Defendant’s KRW 25 million with respect to the Plaintiff and the Plaintiff’s annual rate from May 27, 2015 to June 1, 2016, and the following.

Reasons

1. Basic facts

A. On September 7, 2011, the Plaintiff entered into a contract on the consignment management of multi-family housing with the council of occupants’ representatives in Chuncheon-si C apartment complex (hereinafter “instant apartment”), and managed the affairs prescribed in Article 55(1) of the Enforcement Decree of the Housing Act and Article 25 of the Enforcement Rule of the Housing Act.

B. On August 28, 2013, around 12:10, a fire that could not identify the cause in the instant apartment parking lot (hereinafter “instant fire”) was occurred, and the head of the instant apartment building failed to extinguish at the early stage and the fire spreaded to the entire underground parking lot.

C. On November 11, 2013, the Korean Federation of Community Credit Cooperatives, which entered into a mutual aid agreement with the council of occupants’ representatives of the instant apartment complex, paid KRW 406,006,527 to the council of occupants’ representatives of the instant apartment units by November 11, 2013 pursuant to the said mutual aid agreement, and filed a lawsuit against the Plaintiff for indemnity claim against the Plaintiff under the Seoul Central District Court Decision 2014

On May 12, 2015, the Seoul Central District Court ruled that “the Plaintiff shall pay to the Federation of Community Credit Cooperatives 162,402,610 won with 5% interest per annum from January 27, 2014 to May 12, 2015, and 20% interest per annum from the next day to the day of full payment,” and the above judgment became final and conclusive.

E. On May 20, 2015, the Plaintiff paid KRW 173,592,817 to the Korean Federation of Community Credit Cooperatives with the old prize money and delay damages pursuant to the judgment stated in the preceding paragraph.

[Reasons for Recognition: Facts without dispute, Gap 1, Gap 7, Gap 8, Gap 10, Gap 13, and the purport of the whole pleadings]

2. Occurrence of liability for the payment of indemnity;

A. 1) The Defendant entered into an employment contract with the Plaintiff on January 1, 2013, and worked as the managing director of the instant apartment at the time of the instant fire. 2) The instant apartment has a sense of breaking fire automatically and operating a sprinkler, and is linked to the reduction of up to 20 devices on a single circuit.

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