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(영문) 서울중앙지방법원 2016.02.17 2015가단45718

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff served as an auditor of the Dongjak-gu Seoul Metropolitan Government F apartment (hereinafter “instant apartment”) and resigned on August 4, 2014 through the following process, and the Selection C is the president of the said council of occupants’ representatives, the Appointor D, and the above director of the said council of occupants’ representatives and the defendant (appointed) as the head of the said apartment management office.

B. On October 24, 2013, the members of the council of occupants' representatives of the instant apartment complex held a meeting on October 24, 2013, and discussed on the construction of the instant apartment complex as to the blocking films for the out-of-the-way construction, which were introduced by the Plaintiff, who was employed as an auditor at the time, as the construction company, and jointly purchased films for blocking out-of-the-way sales from the said company. However,

Since then, the above construction company visited each household in order to confirm whether it wishes to execute construction, and then, the contractor has ordered the off-line film construction to the desired household.

C. Meanwhile, after the completion of the said construction, the Defendant (Appointed) was aware that the Plaintiff paid the construction cost significantly low compared to other households to the construction company, and listened to the suspicion that the said construction cost was executed with the construction company’s representative on June 12, 2014. The Defendant (Appointed Party) confirmed that the said construction cost was reduced by 50% from the ordinary construction cost and that the said construction company got the Plaintiff paid the construction cost to the said construction company’s representative, who was subject to a reduction of the construction cost equivalent to 50% from the ordinary construction cost.

Therefore, five members of the apartment building council of this case (one president, two directors, one representative of commercial building, and one auditor), other than the auditor, shall hold a council of occupants' representatives on July 24, 2014 and introduce the construction company to the auditor, and propose joint purchase to the occupants and make a construction work in KRW 500,000,000,000, which is one million, while the plaintiff was making a joint purchase.