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(영문) 수원지방법원 2019.10.22 2019나50052

손해배상(기)

Text

1. The part of the conjunctive claim in the first instance judgment against the defendant shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. The first instance court dismissed the plaintiff's main claim and declared a judgment citing a part of the conjunctive claim. This court's judgment is obvious in the record that only the defendant appealed. Thus, the scope of judgment of this court is limited to the plaintiff's main claim.

2. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings as follows: Gap evidence Nos. 1, 2, 4, 8, 9, 11, 15, 16, Eul evidence Nos. 1, 2, 4, 6, 18, 21.

A. The Defendant is an autonomous resolution body composed of representatives from each Dong of Siposi B apartment (hereinafter “instant apartment”), and the Defendant entered into an entrustment contract with D Co., Ltd. (hereinafter “D”) on July 27, 2015 on the management of the instant apartment. Accordingly, D has been dispatched to the head of the management office, etc. of the instant apartment from around that time to manage the instant apartment.

B. On January 7, 2016, the Plaintiff participated in the instant apartment construction project under the name of the head of the management office of the instant apartment complex, stating that it would select the guard service company of the instant apartment as a limited competitive bidding, and the Defendant decided to select the Plaintiff as the guard service company of the instant apartment at the board of directors around January 28, 2016.

C. On February 18, 2016, the Defendant made a decision to the effect that “When the head of the management office of the apartment of this case concludes a security service contract with the Plaintiff and the head of the management office later goes to work, he shall affix his seal only to the contract.” On February 19, 2016, the Defendant prepared a security service contract document in the name of the head of the management office of the apartment of this case and the Plaintiff (hereinafter “instant contract”). At the time of the preparation of the said contract, the signature and seal of the head of the management office of this case shall be affixed to the public.”