손해배상(기)
1. Defendants B and C jointly and severally with the Plaintiff KRW 236.6 million, and Defendant B with respect thereto from November 7, 2014, and Defendant B.
1. Basic facts
A. The Plaintiff is a council of occupants’ representatives comprised of 1202 occupants, etc. of Kimpo-si A Apartment pursuant to the Housing Act (hereinafter “instant apartment”). Defendant B was the chairperson of the Plaintiff from November 12, 201 to October 23, 2013.
Defendant C is an operator of “E”, which is a cleaning company of the above apartment, and Defendant D is an employee of Defendant C.
B. around May 2012, Defendant B and C came to know that, around June 13, 2012, the construction of Donam Construction Co., Ltd., the contractor of the instant apartment, would pay KRW 270,300,000 to the Plaintiff with the apartment development subsidy.
Accordingly, Defendant B and C established a food treatment machine selling company in the name of Defendant D, and agreed that the above company supplied food treatment equipment to the apartment of this case and divided the profits therefrom.
C. On May 29, 2012, Defendant B and C established the F branch office of the food treatment machine sales business entity under the name of Defendant D (hereinafter “F”). On June 13, 2012, Defendant B entered into a contract to purchase and install food treatment equipment (i.e., HT-21; hereinafter “instant food treatment equipment”) at KRW 910 million between the Plaintiff and F (i.e., the Plaintiff’s representative) for KRW 236 million (hereinafter “instant contract”).
Since June 13, 2012 to July 25, 2012, the Plaintiff paid the instant goods price to F by transferring the sum of KRW 236.6 million to the account in Defendant D’s name.
On October 22, 2012, Kimpo-si established in each of the instant apartment units on the ground that the instant food treatment equipment was an illegal food treatment equipment that was not certified by the Ministry of Environment on November 8, 2013, on the ground that the removal order issued to the instant food treatment equipment was installed in each of the instant apartment units on the ground that it was based on the Ministry of Environment’s notification (Prohibition against the sale or use of a garbage crushing machine for kitchen use, No. 2012-203, hereinafter “instant notification”).