손해배상(기)
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The first instance court dismissed all of the plaintiff's principal claim and the defendant's counterclaim.
In this regard, only the plaintiff filed an appeal and only the claim for the principal lawsuit is subject to the judgment of the court of this Court.
2. Determination as to the claim on the principal lawsuit
A. On February 2013, the Defendant, the president of the Plaintiff’s council of occupants’ representatives, issued to the Plaintiff, the director general of the management office, a notice of tender prepared by relaxing the qualification requirements of the operator of apartment painting construction work and setting the bidding schedule, but the investigative agency did not have issued the draft notice of tender to the Plaintiff.
Therefore, the plaintiff, in collusion with painting construction business operators, has made it clear that the plaintiff interfered with the bidding by posting a notice stating the qualifications and schedule for bidding favorable to the construction business operators, and the plaintiff was also subject to the claim for damages amounting to KRW 100 million.
If the defendant made a true statement at an investigative agency, the plaintiff was indicted for interference with the bidding and did not undergo trial. The plaintiff was suffering from a great mental suffering due to the defendant's false statement during the period of three years.
Therefore, the defendant is obligated to pay to the plaintiff the expenses of the lawyer, loss of annual allowance due to the use of the annual rent for the attendance of the court, mental and medical expenses, and solatium totaling KRW 10 million, and delay damages.
B. (1) From December 21, 2012 to March 31, 2014, the Plaintiff served as the head of the management office of the Nam-gu Incheon metropolitan apartment (hereinafter “instant apartment”).
The defendant was the chairman of the council of occupants' representatives around this time.
(2) Around January 2013, the Plaintiff prepared a proposal for public announcement of tender to repair the crack of the outer wall of the apartment of this case and to select a business operator of the re-design construction, and requested the Defendant to review it.
According to the public announcement of tender, only companies with capital of at least two billion won are required.