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(영문) 서울중앙지방법원 2017.06.14 2015가단5270915
구상금
Text

1. The Defendant’s KRW 6,166,485 as well as the Plaintiff’s annual rate of KRW 5% from October 17, 2013 to June 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer that concluded an automobile insurance contract with respect to each of the motor vehicles listed below in the insured column and each of the motor vehicles listed below in the insured vehicle column (hereinafter referred to as “instant damaged motor vehicles”).

피보험자 피보험자동차 지급일 지급액(원) 에이알렌트서비스(주) A 2013. 10. 16. 2,049,650 B C 2013. 8. 26. 240,000 D E 2013. 9. 3. 709,000 이한숲부동산중개(주) F 2013. 9. 4. 3,740,000 ㈜캔디여행사 G 2013. 9. 10. 4,180,000 H I 2013. 8. 18. 3,190,000 J K 2013. 9. 24. 1,286,300 J L 2013. 9. 24. 2,640,000 M N 2013. 9. 12. 2,520,000 합계 20,554,950

B. The defendant is a project undertaker who constructs and sells the apartment complex, 8 O apartment units, 330 units, and other incidental and welfare facilities (hereinafter referred to as "the apartment complex of this case"), and is a project undertaker who constructs and sells the apartment complex prescribed by Presidential Decree (including construction of facilities other than housing and appurtenant and welfare facilities, but excluding facilities to be sold to the general public among welfare facilities; hereinafter the same shall apply) under Articles 43 and 43 (Management Body, etc.) of the former Housing Act (Amended by Act No. 12115, Dec. 24, 2013) (1) shall directly manage the apartment house until the majority of the prospective occupants move into the apartment complex, and if a majority of prospective occupants move into the apartment complex of this case, he/she shall notify the occupants of the fact and request the management of the apartment house pursuant to paragraph (2).

(2) Residents shall autonomously manage a collective housing falling under paragraph (1) pursuant to paragraph (4), or manage it by entrusting a housing management operator under Article 53 with the management thereof.

(4) Where the council of occupants' representatives intends to autonomously manage multi-family housing, it shall appoint the head of a management office of multi-family housing as the representative of the autonomous management body and shall be prescribed by Presidential Decree.

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