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(영문) 서울남부지방법원 2017.11.09 2017가단214187

손해배상(기)

Text

1. The Defendants are jointly and severally and severally 18,564,193 won and the Defendants shall be 5% per annum from September 7, 2015 to November 9, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party 1) The Plaintiff is the Yeongdeungpo-gu Seoul Metropolitan Government 6 apartment complex A (hereinafter “instant apartment”).

(2) Defendant B is a third occupant representative of the instant apartment from September 2014 to September 2016, and Defendant C served as the third occupant representative of the Plaintiff and the third occupant representative of the Plaintiff, and Defendant C served as the auditor, and Defendant C is the following:

It is a person who was in the position of the designated party of the tenant who is the plaintiffs of the lawsuit.

B. On June 4, 2013, Seoul Southern District Court 2013Gahap9667, the Plaintiff, including the Defendants, filed a lawsuit against E (hereinafter referred to as “E”) claiming damages regarding the defects of the instant apartment (hereinafter referred to as “the first lawsuit for damages”) and appointed the Defendants as the designated parties, and concluded a delegation contract with the Plaintiff F&C on November 13, 2012.

C. On December 1, 2014, Seoul Southern District Court 2014Gahap13670, the Plaintiff filed a lawsuit against the Housing and Urban Guarantee Corporation seeking the payment of the warranty bond with respect to the defects of the instant apartment (hereinafter “the second lawsuit”) and on November 26, 2014, Defendant B concluded a delegation contract with the Plaintiff as the Plaintiff’s representative and the Plaintiff’s agent.

On November 13, 2012, which was concluded between F and the Plaintiff with respect to the contents of the delegation contract for litigation, the delegation contract for the lawsuit as of November 13, 2012, and the second warranty bond for the lawsuit as of November 26, 2014, the contents of the delegation contract for the lawsuit as of November 26, 2014, are as follows: (a) the attorney first pays all the expenses paid for the litigation procedures such as stamp, service fee, appraisal fee, etc.; and (b) it