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(영문) 서울중앙지방법원 2015.03.10 2014나21051
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 1 and Eul evidence Nos. 1 to 3, by integrating the whole purport of the pleadings:

1) The Plaintiff is the Plaintiff’s vehicle with C and D (hereinafter “Plaintiff”)

The insurer who entered into an automobile insurance contract with respect to the apartment building is the defendant is an aggregate building consisting of sectional owners of the second and tenth stories underground in the second and tenth stories above the ground in Yongsan-gu Seoul Metropolitan Government and 1.

(2) On October 2010, Co-Defendant B entered into a parking management contract with the Defendant (hereinafter referred to as the “instant parking management contract”) and operated a parking pool attached to the said aggregate building with the delegation of all the operation and management of parking machines and parking lots, including one parking machine (1), mechanical parking machine (2 and 3), and the main contents of the instant parking management contract entered into between the Defendant and B are as follows:

1. “A” (the Defendant) shall delegate to “B” all the parking lots operating rights, including parking lots of 4, 5, and parking spaces of building A, and parking spaces in Yongsan-gu, Seoul, Yongsan-gu, Seoul.

2. “B” shall be paid KRW 7,00,000 as security deposit to “A”, and KRW 3,600,000 as security deposit shall be paid to “A” on the 31st day of each month, and the remainder shall be the revenue of “B”.

3.A “B” shall pay, without delay, the annual basic parking rate repair charges, parking machine repair charges, regular inspection fees, parking ground electric charges, and oil charges necessary for parking machine, arising from the parking lot for the following five items:

6. In principle, “B”’s day-to-day basic machinery breakdowns during its management shall be repaired and managed under the responsibility of “B” and in its original condition.

3) On-the-counter Co., Ltd. (hereinafter referred to as " on-the-counter testing");

A contract for repair and checkup (hereafter in this paragraph, referred to as a “contract”) between Company operating machinery and equipment works and diagnosis business, etc. and B.

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