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(영문) 서울북부지방법원 2016.02.19 2015가단133409
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a company managing the building, such as an apartment, was in charge of managing the apartment of this case according to the management contract with Yangju-si B apartment (hereinafter “instant apartment”). The Defendant concluded an employment contract with the Plaintiff and served as the head of the managing office of the instant apartment from February 1, 2009 to January 31, 2011.

B. While the Defendant was working as the Director of the Management Office of the instant apartment, there was an accident in which vehicles parked in the said parking lot (hereinafter referred to as the “instant accident”) due to the occurrence of a cause water leakage occurred from the FE valve, which is a fire extinguishing equipment installed in the isolated space in the B-B zone of the instant apartment parking lot from January 20, 2010 to 00:30,05:00.

C. On January 19, 2010, the date of the instant accident, the Defendant retired at around 18:00, and C, a guard employee, did not confirm the CCTV of an underground parking lot from January 20, 2010 to 05:00, or did not patrol the instant accident.

On January 20, 2010, the Defendant received a D’s report on the accident, which is the chief of the management department, and went to work in the apartment of this case at around 06:30, and dealt with the accident of this case.

On the other hand, the fire-fighting system was inspected in March and September, 2009, before the accident of this case, and the installation according to the close inspection of the fire-fighting system was completed at the expense of KRW 4.3 million from December 21, 2010 to December 23, 2010, but any error was not found in the fire-fighting equipment which was the cause of the accident of this case at the time.

E. The owner of the damaged vehicle was paid insurance money from each insurance company due to the instant accident, and each insurance company claimed indemnity from the Plaintiff, and the Plaintiff paid KRW 52,327,744 to each insurance company.

F. On February 1, 2009, the Defendant was appointed as the head of the management office of the instant apartment on February 1, 2009, and the amount of the Plaintiff and the purchase of the insurance to the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) is KRW 30 million.

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