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(영문) 서울남부지방법원 2016.12.08 2016가합101915

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a small and medium enterprise cooperative in charge of the management of the "C" located in Guro-gu Seoul Metropolitan Government, and is the owner of the 10th 101 and 102 (hereinafter referred to as "number of houses") who has moved to the business in the above complex, and the defendant is an attorney-at-law who was appointed as a temporary director of the plaintiff pursuant to the Seoul Southern Southern District Court 2014 non-hap118 temporary president's decision to appoint a temporary director and served from November 20 to November 30, 2015.

On June 8, 2012, the Plaintiff filed a lawsuit against the said Steering Committee (Seoul Southern District Court 2012Gadan39411, hereinafter “instant suit”) seeking a return of unjust enrichment equivalent to the delivery and rent (hereinafter “instant suit”) and subsequently added a claim against the rest of 101 and 102 to the remainder of 102.

On February 9, 2015, the above court decided to recommend reconciliation with the following contents, and the parties raised an objection to the Steering Committee shall pay to the Plaintiff KRW 270 million until February 27, 2015.

The Plaintiff, as of February 1, 2015, leases a deposit of KRW 100,000,000 per month from February 1, 2015 to January 31, 2016 to the Steering Committee, and the Steering Committee leases a deposit of KRW 100,000,000 per month from February 1, 2015 to January 31, 2016.

The plaintiff shall install a separate electric measuring instrument by February 15, 2015, and the operating committee shall consent to the installation of measuring instruments, and the operating committee shall impose electricity charges out of the management expenses referred to in the above 102.

On January 30, 2015, the Plaintiff and the Operating Committee confirmed that some of the management expenses claims against the Plaintiff on the previous management expenses was offset against the time when calculating the rent or unjust enrichment equivalent to the rent set forth in paragraph (1), and the Plaintiff waives the remainder of the claims, and the Defendant waives the remainder of the management expenses claims until January 30, 2015.

As such, the above decision is no longer made on March 11, 2015.