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(영문) 전주지방법원 2016.02.04 2015나2068
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim as to the cancellation is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an occupant who resides in 107 Dong 1107 and 1107 of the Geumcheon-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”), and the Defendant is a corporation with the objective of apartment and housing management business, etc.

B. On June 27, 201, the council of occupants’ representatives of the instant apartment concluded an entrustment management contract with the Defendant on the management of the instant apartment with the following content.

Article 4 (Obligation to Observe Article 4 (Duty) of the Entrustment Management Contract for Multi-Family Housing shall comply with the Housing Act and subordinate statutes related to the management of multi-family housing, etc. (hereinafter referred to as "relevant statutes") and the management rules of the council of occupants' representatives of the apartment of this case, with due care as a good manager.

Article 9 (Limitation of Liability) (1) In addition to the matters prescribed by the Housing Act and subordinate statutes, the limitation of liability of the defendant with respect to entrusted management shall be limited to the common areas, etc. of the apartment complex council of occupants' representatives in this case,

1. Where the employee of the defendant or defendant inflicts damage on the building or facilities on purpose or by gross negligence;

2. Where the employees of the defendant or defendant inflict losses on occupants, etc. by intention or gross negligence;

3. When the defendant or the defendant's employee inflicts a safety accident or money accident on purpose or by gross negligence, the defendant under Article 10 (Matters of Exemption) shall not be held liable for compensation in cases where the council of occupants' representatives of the apartment of this case or the occupants, etc. have suffered any of the following losses:

1. Fact that a natural disaster or an accident of force majeure [based on recognition] has no dispute, entries in the evidence No. 2 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings;

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s automobile owned by the Plaintiff (hereinafter “instant automobile”) is in the parking lot of the instant apartment.

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