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(영문) 서울동부지방법원 2016.05.12 2014가합12919

손해배상청구

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B management body (hereinafter “Defendant B management body”) is the management body of the building comprised of the seven underground floors in Songpa-gu Seoul Metropolitan Government and the 23th floor officetels and the complex facilities of the commercial buildings (hereinafter “instant building”), and Defendant C is the representative of Defendant C management body.

B. On August 14, 2012, the Plaintiff, a corporation, the main business of which is the management services of multi-family housing, entered into a contract for the management of building services (hereinafter “instant contract”) with the Defendant’s management body, under which the Plaintiff would provide the management of comprehensive contract, including the facility management, security management, parking management, US dollars management, etc. of the instant building, for two years from August 17, 2012 to August 16, 2014, and the Defendant would pay monthly fixed amount (67,400,000 won and cost of consumption) to the Plaintiff in cash every month (hereinafter “instant contract”).

C. On August 17, 2012, the Plaintiff attempted to commence management work at the building management office of the instant building, but, upon refusing to hand over its management work, Non-A&A Holdings Co., Ltd. (hereinafter “Non-A-A-A-A-A-BS”), the former controlled entity of the instant building, was unable to commence management work by refusing to hand over its management work, and around August 31, 2012, the Plaintiff mobilized between Defendant C and its neighboring (E, F, etc., who performed the management work of the instant building on behalf of Defendant C) and recruited to identify its employees and secure computer files and documents necessary for its management work in the future.

Accordingly, on September 1, 2012, from around 10:40 to 12:30, a majority of the management staff and guard staff of the Plaintiff interfered with the management work of the non-party company by force, and stolen relevant documents by force, and due to the physical force exercised during the process, the non-party company was injured by the chief of the management office G of the non-party company in need of three weeks of medical treatment (hereinafter “instant interference, etc. with the business of this case”), and the instant case.