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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an apartment complex comprehensive insurance contract with respect to the new-interest-based apartment council, the council of occupants' representatives, and the new-interest-gu 408-dong, Busan-gu, 408-dong (hereinafter "the instant apartment"), and all the Defendants are companies that mainly manufacture, sell, install, maintain, and repair the elevator.
B. On March 6, 2008, Defendant Samsan elevator was awarded a contract for the remodeling work of the elevator operated in the 102 unit of the instant apartment from the instant apartment, and manufactured and installed the elevators newly manufactured around April 2008 (hereinafter “instant elevator”).
C. On December 6, 2012, Defendant Korea-style Elevator entered into a contract for maintenance and repair with respect to 29 elevators operated on the instant apartment including the instant elevator during the contract period from January 1, 2013 to December 31, 2013. The main contract terms related to the elevator accident are as follows.
Article 10 (Limits of Liability) (1) In the provision of repair services to the defendant Han Elevator, with respect to an elevator accident caused by the intention or negligence of the defendant Han Conduct elevator, and an accident in which the defendant Han Conduct elevator employee entered in the course of his work, the defendant Han Conduct Elevator shall be liable for the defendant Han Conduct elevator.
(2) The apartment of this case shall be liable for any accident or damage caused by intention or negligence of the apartment of this case.
Article 11 (Matters to be Exempted) The limits of inspection, repair and liability shall be after the break-off of all the parts in the machinery room of the relevant elevator, and the defendant Han-gu Elevator shall be exempted from liability for the breakdown and accident caused by any of the following cases or for the direct and indirect damage to the apartment of this case:
5. The case in which the defendant Han-gu Elevator demanded repair or replacement of old parts for safe operation after inspecting contract elevators, although it was required for the apartment of this case.