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(영문) 서울북부지방법원 2014.08.14 2013가합6920

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 214,736,569 as well as 5% per annum from October 28, 2013 to August 14, 2014.

Reasons

1. Basic facts

A. On June 17, 2009 and September 3, 2009, Defendant B entered into a contract for the management of the instant apartment (hereinafter “each management contract of this case”) with Defendant National Foundation Management Co., Ltd. (hereinafter “National Foundation Management”) as an acting representative of the council of occupants’ representatives in Seoul Special Metropolitan City, Nowon-gu A Apartment (hereinafter “instant apartment”).

B. The Seoul Northern District Court 2009Kahap894 against Defendant B, who is an occupant of the instant apartment, filed an application for provisional disposition of suspending the performance of duties with the Seoul Northern District Court 2009Kahap894, and on September 18, 2009, the said court rendered a provisional disposition accepting the said application on the ground that “The vicarious performance of duties by Defendant B is against the management rules that have the president act on behalf of the president among the directors of

(In relation to the above provisional disposition, Defendant B filed an objection against the provisional disposition by the above court No. 2009Kahap1182, but the above court approved the above provisional disposition on October 30, 2009, and the defendant B filed an appeal with Seoul Northern District Court No. 2009Ra2397, but the above court dismissed the appeal on March 30, 2010).

Defendant B was subject to criminal punishment on the ground that he committed a criminal act, such as preparation of qualification specifications, in the course of concluding each management contract of this case on December 11, 2009 (Seoul Northern District Court Decision 2009DaMa3394) and October 29, 2010 (Seoul Northern District Court Decision 2010DaMa1066).

Meanwhile, according to each management contract of this case, the comprehensive management of Defendant State Day was entrusted with the apartment of this case from June 2009 to April 2010 (excluding the period from December 2009 to February 2010 when the Seocho Forest Housing Management Corporation occupied and managed the apartment of this case). During the management process, KRW 19,509,710 under the name of the head of the management office’s monthly salary, ② KRW 32,856,320 under the name of the additional employees’ monthly salary, ④ KRW 2,270,000 from the advertisement fee, etc.