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(영문) 대전지방법원 2015.01.22 2014가합102030

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff is the council of occupants' representatives consisting of representatives from each Dong of Seo-gu Daejeon, Seo-gu, Daejeon, and the defendant B was entrusted by the plaintiff to perform the management affairs of A apartment houses and ancillary facilities from November 1, 2008 to October 31, 2013.

Defendant C and D, employed by Defendant C and C, served as the Director of the Management Office of A Apartment from May 1, 2009 to October 31, 201, and Defendant D from November 1, 2011 to May 23, 2012.

On March 19, 2010, the Plaintiff held a regular meeting (hereinafter “instant meeting”) and explained the process and results of the Plaintiff’s representative president’s selection of recycling companies at the time of the report on the selection of recycling companies, and reported that F of the Plaintiff concluded a contract with G (Defendant E) and the collection volume subject to the application of the unit price system by item.

On March 25, 2010, the Plaintiff entered into a contract for collecting recyclable products (hereinafter “instant contract”) with Defendant E, Defendant E, to collect all recyclable products in the A apartment complex, to deposit the cost of collecting recyclable products on the 15th day and 30th day of each month. The term of the contract is from April 1, 2010 to March 31, 2012.

Defendant E applied the unit price of KRW 100 per 1kg per month, KRW 100 per 30g, KRW 60 per 120, KRW 120, KRW 80, KRW 80, and KRW 80 per scrap metal during the term of the above contract to the Plaintiff, and the clothes paid the amount of KRW 426,00,00, which is a fixed amount.

【In the absence of dispute, the Plaintiff’s summary of the Plaintiff’s claim as to each description of Gap’s evidence Nos. 1 through 7, Eul’s evidence Nos. 1 and 8 (including paper numbers; hereinafter the same shall apply), and the cause of claim as to the whole of the pleadings (i.e., the Defendant E has a contractual obligation to pay for the collection of recycled products by applying the unit price of each item formed in the market every month according to the contract of this case, but has a contractual obligation to pay the collection of recycled products to the Plaintiff.