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(영문) 서울고등법원 2015.01.15 2014나33590
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

The defendant is the council of occupants' representatives comprised of occupants for the management of the Seongbuk-gu B apartment in Seongbuk-gu, Sungnam-si (hereinafter "the apartment of this case").

On September 1, 2011, the Defendant concluded an entrustment contract concerning the management of the instant apartment (hereinafter referred to as “instant entrustment contract”) with the non-party management corporation, a housing management operator, (hereinafter referred to as “non-party company”). The main contents are as follows.

Article 1 (Subject Matter of Management) The subject matter of management entrusted to the contract shall be the subject matter of management specified in attached Table 1 of the Rules for the Management of Multi-Family Housing of the defendant.

Article 2 (Entrusted Management Affairs)

1. The management affairs entrusted by the defendant to the non-party company are as follows:

Affairs of the managing body under the subparagraphs of Article 5 (1) of the Enforcement Decree of the Housing Act and the subparagraphs of Article 25 of the Rules;

B. In addition to the duties set forth in subparagraph 1, security guards belonging to the non-party company, who work for the non-party company 132 apartment units of this case, at around 15:35 on September 28, 2011, during the patrol at around 131 units and 132 units of the apartment units of this case (131 units and 132 units are posted in the shape of "bbb", such as Gap evidence 14, and there are children's playgrounds near the ground of the machinery room of the part between the 10th unit and the 10th unit of the machinery room. At around the 10th unit of the 131 unit, the 131 unit unit 1-2 unit 1-2 unit d unit c unit c unit c unit 32 unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c unit c.

A facility engineer D and a facility leader E who received a report shall be dispatched to the site and confirm that the machinery room is flooded at approximately 30 cm by the heavy temperature water, and the water valves from the earth of the high temperature heat pipe among the underground water of the high temperature heat pipe entering the machine room, the lower of the ground top lid between 131 and 132 lids on the ground.

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