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(영문) 인천지방법원 2017.01.24 2016나57697
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the money ordered to be paid below.

Reasons

1. Basic facts

A. The plaintiff (appointed party, hereinafter "the plaintiff") resides in the Seocheon-gu Incheon Metropolitan Government B Apartment apartment (hereinafter "the apartment of this case") No. 404 Dong 103 (hereinafter "the plaintiff's apartment of this case") and the Selection C is the plaintiff's wife and the Selection D and E are the plaintiff's children.

B. Around November 16, 2014, due to the power control over the crossing of the apartment of this case, the phenomenon of sewage in the vicinity of the Plaintiff’s house was generated, and accordingly, the occurrence of damage, such as pollution, fung, etc., in the Plaintiff’s house, the kitchen, and the ward, etc. (hereinafter “instant accident”).

C. The Plaintiff requested the head of the management office of the instant apartment and the Defendant to compensate for and repair damages caused by the instant accident, but the Defendant finally decided on April 17, 2015 to determine the compensation issue caused by the instant accident according to the outcome of the lawsuit.

Meanwhile, from February 2013, the Defendant concluded a contract on the consignment management of the instant apartment with respect to the instant apartment from around 2013 to the unforest development company (hereinafter “unforest development”), and the unforest development is performing the management of the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, Eul evidence No. 1 or video (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (A) According to the Defendant’s management rules, the Defendant is obligated to perform his duties with due care as a good manager in performing his duties. In the event of the occurrence of circumstances such as the instant accident, the forest development is obligated to immediately investigate the cause of the accident, and direct and supervise the project manager to take measures, such as selecting a cleaning company in charge of crossing.

In the event of the accident of this case, sewage from the power to prevent the crossing prior to the accident of this case.

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