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(영문) 인천지방법원부천지원 2019.10.23 2018가단121914
손해배상(기)
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. On July 1, 2014, the Plaintiff entered into a comprehensive maintenance and repair contract (hereinafter “instant contract”) with the Defendant for the elevator maintenance and repair of the elevator installed in the building in the building in the Bupyeong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) (hereinafter “instant contract”). From that time, the Defendant’s location and details of the elevator maintenance and repair contract under Article 2 (Contract subject to and Details of Contract) are as follows:

1. Location: Kucheon-si, Seocheon-si C, D, E, F, G (A building H, I, J, K, and L complex shop);

2. Building name: A building;

3. Details of the contract: 10 elevators, 10 escalators, 10 wheelchairs, and wheel chairss (21 units in total).

4. Contract amount: Monthly remuneration of 2,000,000 won (excluding value-added tax);

5. Period of contract: Articles 3 from July 1, 2014 to June 30, 2019 (60 months).

1. The defendant shall regularly dispatch a training technician to the contract elevator (1) once every month to maintain the safety and good driving condition of the elevator at all times by conducting various repairs, such as inspection, supply, adjustment, cleaning, replacement of parts, etc., and shall prepare the inspection result as the inspection date and report it to the plaintiff.

6. The defendant shall repair or replace without compensation all parts required for the treatment of breakdown, regular checkup, replacement of parts, etc. of an elevator.

When replacing parts, he/she shall cooperate with the head of the relevant complex facilities and the head of the relevant complex to take photographs after prior examination so that they may be arranged and stored in the maintenance record card.

Article 4 (Free Supply of Parts, Repair Costs, etc.) For all parts used in the FM elevator, etc., the defendant shall be supplied free of charge, and other incidental expenses, such as repair costs, shall also be borne by the defendant.

Article 11 (Exemptions) The limits of inspection, repair and responsibility shall be after the second part of the power source breaker in the machinery room, such as the elevator in question, and the defendant shall pay for any breakdown, accident, or the plaintiff's direct and indirect damage caused by any of the following cases:

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