손해배상
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From September 20, 2008, the Plaintiff was entrusted with the management of B apartment located in Sungsung City C (hereinafter “instant apartment”).
B. On July 3, 2013, the Plaintiff replaced the chief of the management office to D upon the Defendant’s request.
C. On July 29, 2013, the Plaintiff concluded a new consignment management contract with the Defendant on the instant apartment as follows.
(hereinafter “instant management contract”). Article 3 (Period of Contract) The term of the consignment management contract is from September 1, 2013 to August 31, 2015.
(2) In return for the Plaintiff’s vicarious performance of the duties under Article 4 (Entrustment Management Fee) and Article 5, the Defendant shall pay KRW 400,000 per month to the Plaintiff by the end of each month.
Article 5 (Scope of Management of Multi-Family Housing, Parts subject to Management, and Details of Entrusted Affairs) - omitted - Article 17 (Personnel Management Personnel of Management Personnel) shall be appointed or dismissed by the plaintiff upon delegation by the defendant.
Article 22 (Cancellation of Contracts) Where the defendant or the plaintiff neglects to fulfill the obligations under this Agreement, he/she may terminate this Agreement if it is required to correct it within a fixed period of two months and the other party fails to perform the obligations under this Agreement within that period.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. 1) On July 31, 2013, the Plaintiff: (a) two computers and one monitor (hereinafter “instant goods”) equivalent to the market price of KRW 1,215,430; and (b) one of the two computers (hereinafter “instant goods”).
(2) The Defendant demanded the replacement of the head of the management office to the Plaintiff on the grounds that the head of the management office D had sexual harassment.
Accordingly, the Plaintiff, on September 7, 2013, ordered D to resign from the management office, and dispatched E to the head of the instant apartment management office, who was an employee of the Plaintiff, from September 13, 2013, to the management office of the instant apartment.
3. The defendant shall be on March 2013.