손해배상(기)
1. The plaintiff's appeal and the selective claims added by this court are dismissed, respectively.
2. After an appeal is filed.
1. The plaintiff's assertion that the defendant extended the term of office of the chairperson and the operating committee members by forging the consent of the occupants in violation of the management rules for the purpose of obtaining the plaintiff's officetel cleaning services to his/her members, and held office for 9 years. In order to suspend the defendant's performance of his/her duties, the resident applied for a provisional disposition and the provisional disposition was accepted, and the plaintiff paid 3,000,000 won per month with the remuneration of the acting representative for 5 months.
Since the plaintiff suffered damages equivalent to the remuneration of acting person due to the defendant's unlawful execution of duties, the defendant is obligated to compensate the plaintiff for damages caused by tort. The remuneration of acting person borne by the plaintiff is the execution cost according to the decision of provisional disposition to be borne by the defendant. Thus, the creditor who applied for provisional disposition did not claim it to the defendant, and the plaintiff did not pay the above remuneration, and the defendant obtained a profit equivalent to the above amount, and thus the defendant sought
(S) According to the evidence Nos. 1 through 4 of the judgment, although the term of office of the operating committee was set at one year (it may be deferred) under the Plaintiff’s Officetel management rules, the previous operating committee members including the Defendant were reappointed for nine years without any new selection procedure since the election at the managing body meeting held on December 8, 2006, and the provisional disposition suspending the performance of duties by the operating committee members including the Defendant, etc. was accepted on November 4, 2015 at the request of the Plaintiff’s occupant, including the Seoul Northern District Court 2015Kahap20102. On November 26, 2015, the above court (2015Kahap20102-1) appointed the chairman of the operating committee’s acting director during the period of suspending the Defendant’s performance of duties, and decided that the management body was to bear the Plaintiff’s remuneration at KRW 3,000,000,000 (hereinafter “instant provisional disposition”).