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(영문) 인천지방법원부천지원 2015.11.20 2014가합9921

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

1. Basic facts

A. The status of the parties is the council of occupants' representatives comprised of 1202 occupants, etc. of A apartment located in Kimpo-si under the Housing Act (hereinafter "the apartment of this case"). Defendant B was the Plaintiff's auditor from November 12, 2011 to October 23, 2013; Defendant C was the general director of the company; Defendant D was the facility management director; Defendant E was the technical director; Defendant F was the 512 Dong representative of the apartment of this case; Defendant G was the head of the management office of the apartment of this case; Defendant G was the management entity that entered into the entrustment management contract of the apartment of this case with the Plaintiff.

B. From November 12, 201 to October 23, 2013 of the Agreement on the Supply of Food Treatment Equipment by I and J, the Plaintiff’s president, and the J, the operator of “K”, a cleaning company of the instant apartment, knew on May 13, 2012 that L, a construction company of the instant apartment, paid KRW 270,30,000 to the Plaintiff an apartment development subsidy (hereinafter “instant subsidy”).

Accordingly, I and J agreed that the above company will supply food treatment equipment to the apartment of this case after establishing a food treatment plant selling company in the name of M, which is an employee of J, and that the company will have divided its profits.

C. On May 29, 2012, the Plaintiff and NF branch: (a) and J established the NF branch office (hereinafter “N”); (b) on June 13, 2012, under the name of M, the Plaintiff and NF branch established a contract for purchasing and installing food treatment equipment (hereinafter “instant food treatment equipment”) with KRW 910,00,000 for KRW 236,66 million (hereinafter “instant contract”); and (c) on the other hand, on August 23, 2012, the Defendant Seoul Guarantee Insurance Co., Ltd. and the insured as the Plaintiff and with the content of guaranteeing defects under the instant contract (hereinafter “the instant guarantee insurance contract”).

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