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(영문) 대구지방법원 2015.02.06 2014가합5115
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a council of occupants' representatives organized as residents of the apartment of this case pursuant to the Housing Act and the Enforcement Decree of the same Act for the management of 753 households of the 55-dong Suwon-ro, Daegu-gu, which had undergone a usage inspection on November 26, 2007 (hereinafter "the apartment of this case"). The defendant is a management body under the Housing Act that entered into a management contract with the plaintiff on October 16, 2007 with respect to the apartment of this case, which is the implementer of the new apartment of this case, on the ground that the United Nations Co., Ltd. (hereinafter "NN"), which is the implementer of the new apartment of this case, and on January 21, 2009 and December 7, 2010.

B. Of the management contract on the instant apartment concluded between the Plaintiff and the Defendant (hereinafter “instant management contract”), the contents relating to the instant case are as follows.

Article 4 (Scope of Entrusted Management Affairs) The management affairs entrusted by the plaintiff to the defendant shall be the scope of the affairs of the management entity provided for in the subparagraphs of Article 55 (1) and the subparagraphs of Article 25 of the Enforcement Decree of the Housing Act.

Article 15 (Liability for Damages and Matters of Exemption) (1) The defendant shall be liable for any of the following matters arising from the performance of management affairs provided for in this contract:

1. Where the defendant or the defendant's employer inflicts loss on the tenant or a third party by intention or gross negligence;

2. When the defendant or the defendant's employee inflicts damage on the part of a safety accident or money accident due to intentional or gross negligence, the plaintiff under Article 16 (Safety Diagnosis and Repair of Defects) is deemed likely to cause harm as a result of the safety diagnosis of a facility pursuant to Article 65 of the Enforcement Decree of the Housing Act, it shall be conducted through consultation as

1. When the defendant considers that a defect is likely to occur in the course of the management, the defendant shall request the plaintiff to take measures, and the plaintiff shall take measures to prevent the defect in the management after the review.

2. Article 59 of the Enforcement Decree of the Housing Act shall apply to any defect to be performed by the project undertaker.

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