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(영문) 울산지방법원 2017.07.19 2015가합23273
손해배상(기)
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 company that manufactures and sells the automation system equipment, and the Defendant is a security company that provides crime prevention services, etc.

B. On October 20, 2014, the Plaintiff entered into a security contract with the Defendant “system security contract (a security contract in the form of responding to the occurrence of an occurrence after the Defendant installed a motion reduction device, etc. in the security area)” between the Defendant and the Defendant.

(hereinafter “The security contract of this case”). The details of the security contract of this case are as follows:

System security contract document service provider name: 200,000 won (Additional service separately): 3 years from the date of commencement of security service: ALARM/SECM SMART provision service: The maximum amount of money for crime prevention, probation control, and video equipment siren damage compensation: 100,000 won

C. The contents of the instant security agreement related to the instant security agreement are the terms and conditions provided by the Defendant, and the main contents are as follows.

Section 1. The company shall compensate for damages calculated pursuant to Articles 393 and 396 of the Civil Act within the limit of the amount of compensation agreed upon at the time of concluding the contract if the failure to execute the security contract results in the failure to perform the security contract from the date of commencement of the agreed expenditure to the date of termination of the contract.

However, this provision shall not apply in the absence of errors in executing the security contract.

Article 21 Compensation for Damages, such as precious metals, etc. ① Customers shall keep cash, securities (checks, merchandise coupons, stock certificates, bonds, bills, etc.), precious metals (gold products, bails), the amount of which is not less than that prescribed in the following table, and valuables such as 150,000 won per dog during the period of providing crime prevention services within a safe where a safe seal of the company is attached, and a safe shall be kept.

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