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(영문) 서울중앙지방법원 2020.02.06 2019가단5113485
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of cleaning water tanks.

B. The Plaintiff entered into a water tank cleaning contract (hereinafter “water tank cleaning contract of this case”) with the head of the management office D on April 14, 2017, with the contract amount of KRW 18,000,000 (excluding value-added tax) of the instant apartment from June 1, 2017 to May 31, 2018, the Plaintiff concluded a water tank cleaning contract with the head of the management office D on two occasions each year for cleaning of the instant apartment (hereinafter “water tank cleaning contract of this case”).

C. On August 29, 2017, the Defendant concluded a housing fire insurance contract stipulated from August 31, 2017 to August 31, 2018 (hereinafter “instant insurance contract”) with respect to the housing building, appurtenant facilities, etc. of the instant apartment as the council of occupants’ representatives of the instant apartment as the insured, and with respect to the basic housing fire terms and conditions, the special agreement on water leakage damage security, etc. as the condition of the insurance.

The insurance contract of this case includes a security of KRW 1,600,000 as to damage of water supply and drainage equipment leakage, and the special terms and conditions for damage of water supply and drainage equipment leakage include a security of KRW 1,600,000,00 as to damage of water supply and drainage equipment leakage, which includes a compensation for direct damage arising from the subject-matter of insurance as water supply and drainage equipment or water management has been drained due to

From December 1, 2017, the Plaintiff conducted the second water tank cleaning as stipulated in the instant water tank cleaning contract.

E Co., Ltd. (hereinafter referred to as “E”) concluded a consignment management contract for multi-family housing with respect to multi-family housing and ancillary facilities of the instant apartment, and performed the management affairs of the instant apartment around December 2017.

E. On December 7, 2017, around 13:00, there was an accident where water supply was made in the water tank and the mechanical room was flooded (hereinafter “instant accident”) under the condition that the water valve of the water tank B of Article 21 of the instant apartment building was not locked.

(f).

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