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(영문) 광주지방법원 2019.06.21 2019가단3573

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an autonomous management organization composed of representatives of occupants in B Apartment in Seo-gu, Gwangju (hereinafter “instant apartment”), and the Plaintiff was a person who served as the former president from January 2015 to May 2016.

B. From February 2013, Nonparty D Co., Ltd. (hereinafter “D”) had a construction work to build a new F apartment in Seo-gu, Seo-gu, Gwangju, adjacent to the instant apartment from around February 2013. The residents of the instant apartment after the said new construction work was implemented, claimed damages arising from dust, noise, vibration, etc. arising from the said construction work, and claimed against the said new construction work.

C. On March 23, 2016, the Plaintiff written an agreement with D and D as the representative of the apartment resident of the instant apartment, stating that “The Defendant would receive an agreement amounting to KRW 25,00,000 from D and would have affected the instant apartment in connection with the construction of the F apartment (noise, dust, cracks, material, mental, and property damage) and that all the civil petitions (noise, dust, material, mental, and property damage), etc. were mutually agreed, and later, the Plaintiff would promise not to raise any civil petition and additional compensation, civil and criminal complaints (hereinafter “instant agreement”).

Around 2017, the Defendant filed a lawsuit seeking damages amounting to KRW 45,00,000 (hereinafter “instant civil lawsuit”) against the Plaintiff on the ground that “D had directly executed the interior and external wall painting construction of the instant apartment,” and that the cost was anticipated to be KRW 70,00,000,000, without having gone through the consent procedure of the council of occupants’ representatives, etc., the Plaintiff alone prepared a memorandum of agreement with D and the instant apartment without having gone through the consent procedure of the council of occupants’ representatives, etc., and incurred property damage equivalent to KRW 45,00,000,000, which is the difference, to the Defendant.” The Defendant filed a lawsuit seeking damages (hereinafter “instant civil lawsuit”). On November 21, 2017, the judgment dismissing the Defendant’s claim was pronounced.