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(영문) 대구지방법원 2016.06.30 2014가합6330

손해배상(기)

Text

1. The Defendant’s KRW 96,169,831 as well as the Plaintiff’s annual rate of 5% from August 2, 2014 to June 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives of the 8-dong, Daegu Jung-gu, which is the 1,058 household units A (hereinafter “instant apartment”).

(1) The scope of the defendant's management affairs is the maintenance and repair and safety management of common areas in multi-family housing, expenses, cleaning, disinfection and removal of garbage in multi-family housing complexes, collection of management expenses and fees, vicarious payment of public charges, collection, accumulation, management and management of long-term repair appropriations, matters determined by the management rules, execution of matters resolved by the council of occupants' representatives (each subparagraph of Article 5 (1) of the Enforcement Decree of the Housing Act) and matters prescribed by each subparagraph of

(2) The defendant shall observe the relevant statutes, such as the Housing Act and the Enforcement Decree of the same Act, and manage the apartment of this case as a good manager.

(3) When the defendant or the defendant's employees inflict damages on the tenant or a third party by intention or gross negligence, the defendant shall be liable to compensate for such damages.

B. On May 31, 2008, the Defendant entered into a collective housing consignment management contract with the Plaintiff for the instant apartment (hereinafter “instant management contract”) and thereafter entered into a renewal contract with the Plaintiff on May 28, 2010 and May 25, 201, and performed the management affairs until May 31, 2014. The main contents of the instant management contract are as follows.

C. Article 53 of the Multi-family Housing Management Rules provides for the duty of due care and liability of due care of the management entity to compensate for damages. Article 61 and attached Table 7 of the above Rules provide that “The management entity selects a method favorable to occupants, etc. from among the comprehensive contract apartments or the single contract apartments, and concludes a contract with the Korea Electric Power Corporation.”

The plaintiff shall convert the apartment of this case into the individual heating system by using the central heating system.