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(영문) 수원지방법원 2020.07.08 2018가합24755
손해배상(기)
Text

1. The council of occupants' representatives held by the plaintiff A, the council of occupants' representatives held by the defendant C is 86,050,139 won, and the defendant D's council.

Reasons

1. Basic facts

A. The plaintiff A is the owner or resident of Yeongdeungpo-gu C apartment E-dong (hereinafter referred to as the "the apartment of this case") in Yeongdeungpo-gu, G, and the defendant B is the owner or resident of the apartment of this case.

Defendant C’s representative council (hereinafter referred to as “Defendant’s representative council”) is the council of occupants’ representatives of the instant apartment.

B. The Defendant’s council of occupants’ representatives concluded a comprehensive apartment mutual aid agreement with the Defendant D organization (hereinafter “Defendant D organization”) and with respect to the instant apartment from June 30, 2018 to June 30, 2019, setting forth the amount of the mutual aid agreement as KRW 78,224,140,00 as the amount of the mutual aid agreement, as the special terms and conditions for liability for damages (hereinafter “instant mutual aid agreement”).

C. On September 24, 2018, around 08:30, sewage public crossing management in the instant apartment parking lot led to a flood accident (hereinafter “instant accident”) where wastewater flows out by the Fho Lake, G, and each room, living room, kitchen, beer, etc. (hereinafter “the instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, 2, 3, 5, and 6, and the purport of the whole pleadings

2. According to the facts of recognition as above, the accident in this case occurred due to the station of sewage joint crossing, which is the section for common use of the apartment in this case. The defendant's council of occupants' representatives, as the managing body of the apartment in this case, neglected to check and manage the drain pipe's reverse accidents, and thus, the defendant's council of occupants' representatives is liable for damages suffered by the plaintiffs as tort. The defendant's council of occupants' representatives falls under the insurer who concurrently takes over the liability for damages of the defendant's council of occupants' representatives in accordance with the mutual aid agreement in this case. Thus, the accident in this case constitutes the insurer who concurrently takes over the liability for damages of the defendant's council of occupants' representatives in accordance with the mutual aid agreement in this case.

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