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(영문) 서울고등법원 2015.02.12 2014나16854

손해배상(기)

Text

1. The amendments to paragraphs 1 and 2 of the order of the first instance judgment, including claims extended in the trial, shall be as follows:

Reasons

1. Basic facts

A. In around 2009, the Plaintiff was the representative of the council of occupants’ representatives in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant apartment”) (hereinafter “instant council of occupants’ representatives”). At the time, Defendant B, and C were the representative of the instant council of occupants’ representatives, and Defendant D, E, and F were the representative of the instant council of occupants’ representatives. Defendant D, E, and F were the representatives of the instant council of occupants’ representatives.

B. Around August 4, 2009, Defendant C and B had been illegally executed by the head of the center, the Plaintiff, and the Chairperson without the resolution of the council of occupants' representatives, for the purpose of cleaning the stairs of “436,150 won” among the management expenses of May 2009, and for the purpose of cleaning the stairs of “1.5”

5. Despite the existence of operating expenses of the representative meeting among the management expenses for June 2009, “A consent from residents of the occasional audit and inspection request” was prepared and posted, stating “A consent from the head of the center, the plaintiff (general director, the representative of the 109 representative), the president (101 representative), etc., which is included in double appropriation of KRW 103,080 under the name of the non-party member at the time of the temporary representative meeting.”

In fact, the plaintiff, every year, around May 2009, caused brea and milk to U.S. Won for the purpose of cleaning the stairs of the apartment of this case, and according to custom, around May 2009, provided 328,650 won in total at the market price to the US Won with the approval of the president of the council of occupants' representatives of this case. On June 26, 2009, the plaintiff was ratified by presenting the above agenda to the council of occupants' representatives on June 26, 2009, and there was no dual calculation of 103,080 won under the pretext of the temporary representative meeting of the management expenses for the June 2009.

2) He, a resident of the instant apartment, has prepared a written consent to dismiss the same content as that of the resident’s written consent to the occasional audit request as stated in the foregoing paragraph 1, and received the written consent to dismiss the Plaintiff from the 109 occupant of the instant apartment, and then on August 7, 2009.