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(영문) 서울남부지방법원 2020.09.24 2018가단251800
구상금
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 an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with D vehicles owned by C Co., Ltd. (hereinafter “C”) as the insured under the control of C (hereinafter “Plaintiff vehicles”).

B. On June 12, 2018, around 19:45, at the Seo-gu, Seo-gu, Seo-gu, Daejeon (hereinafter “instant parking lot”) (hereinafter “instant parking lot”), G, an employee of the instant parking lot, felled into the gates adjacent to the instant parking lot and was parked in the lower parking lot (hereinafter “victim”).

C. Under the instant insurance contract, the Plaintiff paid KRW 31,702,00,00 in total, including the Plaintiff’s automobile repair cost of KRW 25,450,00 and the damaged vehicle repair cost of KRW 6,252,00.

The defendant is a person who conducts a housing management business (housing management business less than the registration of housing management business) under the trade name of "I."

E. On July 2, 2013, J Co., Ltd. (hereinafter “J”) concluded a building management service agreement (hereinafter “the first service agreement”) with K, Inc. (hereinafter “K”) with respect to the instant loan’s cleaning building management and quarantine control services, which is KRW 4,002,580 per annum (48,031,000 per annum).

F. On October 2017, the Defendant entered into a contract with the J to transfer and take over the instant loan complex management (hereinafter “instant contract”).

The terms and conditions of transfer made between Defendant and J (hereinafter “instant terms and conditions”) are as follows:

The actual contents of the loan management of this case are as follows: Ldong, Mdong, Ndong, Odong, Odong, Pdong, Qdong, Qdong, Dong, Sdong, Tdong, U-Dong, and F-dong management contents of the loan management of this case - the entire operation of the Dong (hallways, entrance, elevator, street surroundings, food disposal, waste disposal, and cleaning) - two times a year, two times a year, and the snow removal work.

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