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(영문) 창원지방법원 2018.10.12 2018나57084
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall be KRW 100,000,000 to the plaintiff.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following “the part added or added.”

2. The following shall be added to the sixth part of the judgment of the court of first instance, which is either added or combined, following the 18th day of the judgment:

As to this, it is reasonable to deem that the Plaintiff knew or could have known the occurrence of the accident in the instant multi-family housing around November 19, 2015, which confirmed that the Plaintiff’s order to remove the building was issued to the instant apartment house, or around December 15, 2015, the Plaintiff knew or could have known the occurrence of the accident. As such, the Plaintiff’s right to claim mutual-aid money against the Defendant Association was extinguished by the statute of limitations. However, it is difficult to view that the Plaintiff knew or could have known the occurrence of the accident around November 19, 2015 or around December 15, 2015, because it is difficult to view that the Plaintiff knew or could have known the occurrence of the accident, the above assertion by the Defendant Association is without merit.

Article 19(9) of the Mutual Aid Agreement provides that the Defendant Association shall pay the Plaintiff a mutual aid amount of KRW 70,000,000 jointly with the co-defendant B of the first instance trial within the limit of KRW 100,000 pursuant to the Mutual Aid Agreement, as from February 28, 2018, which is the day after the lapse of 60 days from December 29, 2017, the delivery date of the copy of the complaint of this case, to the Plaintiff, within the limit of KRW 100,000,00, and that the payment shall be made within 60 days from the date of receipt of the notice when the Defendant Association requested the payment of the mutual aid amount. The Defendant Association shall be held liable for delay from the date after the lapse of 60 days from the date of receipt of the notice (see, e.g., Supreme Court Decision 201Da77870, Feb. 23, 2012).

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