손해배상(기)
Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.
1. The Plaintiff is an unincorporated association for self-management of the Seongdong-gu Seoul Metropolitan Government Building C (hereinafter “instant building”).
The Defendant, as the representative director of D Co., Ltd. (hereinafter referred to as “non-party Co., Ltd.”) who partitioned the whole second floor of the instant building, held office as the Plaintiff’s representative from January 1, 2015 to December 31, 2018.
Around January 8, 2015 and January 15, 2015, the Defendant, as the Plaintiff’s representative, approved, within the approval of the management office, the installation of four air conditioners for the second floor landfill system (hereinafter “instant air conditioners”). Around that time, KRW 10,68,000 of the installation of the instant air conditioners was spent from the Plaintiff’s management expenses (hereinafter “instant issues”), and the Plaintiff did not undergo the Plaintiff’s resolution procedures concerning the installation of the air conditioners in the instant case.
The building of this case is a knowledge industry center building of the 16th floor above the ground of the 5th floor, and part of the upper space of the 1st floor of the building of this case is an intermediate space of the 2nd floor, which is through the 2nd floor.
The main contents of the Management Rules concerning the instant building (hereinafter referred to as the “Management Rules”) related to this case are as follows.
Article 21 (Matters to be Resolved by Operating Committee) (1) The Steering Committee shall have the concurrent vote of a majority of its members on the following matters not prescribed by the management regulations:
6. Placing an order for a station, etc. for important construction works; 12. The repair and increase of the section for common use, reconstruction or new construction works, the management office shall perform the following duties:
1. Maintenance, repair, inspection, operation, repair, and safety management of the section for common use;
8. Other matters necessary for managing the building and maintaining a smooth community life.
9. Execution of the matters prescribed by the rules and of the matters determined at the meeting of the Operating Committee (based on recognition), evidence Nos. 1, 3, 4, and 14, and evidence Nos. 1, 2, and 7, including each number; hereinafter the same shall apply.