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(영문) 서울중앙지방법원 2018.05.18 2017나68808
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s Intervenor’s status as a party (hereinafter “Plaintiff’s Intervenor”) is a business entity entrusted with the entire management services of Mapo-gu Seoul Metropolitan Building B (hereinafter “B”) and the Defendant is employed by the Defendant as the head of the management office of the building B and serves as the Defendant.

(2) The Plaintiff entered into a contract for fidelity guarantee insurance (hereinafter “instant insurance contract”) with the content that the Defendant, a guarantor, would pay the amount of damages to the Defendant’s general management of sex forest within the said insurance amount, on August 13, 2012 through August 12, 2013, with the amount of KRW 10,00,000, and the period of coverage from August 13, 2012 to August 12, 2013.

B. (1) The occurrence of the instant accident (1) C was a person who leased No. 101 from November 1, 201 to run a general restaurant, and upon the termination of the said lease agreement on September 2012, 201, C performed the construction of interior removal of the leased object from September 20, 2012 to September 30 of the same month.

(2) On September 24, 2012, workers entrusted by C with the removal of fire hydrants cut off the valves of water pipes connected to the Defendant and fire hydrantss. The Defendant sent the key to the 1st floor workplace to the removal work owner and sent the key to the breaking work owner upon completion of the construction work.

(3) However, the removal contractor’s key is under the influence of cutting water pipes.

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