손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Defendant.
1. Basic facts
A. The Plaintiff is a corporation that operates a multi-family housing management business, and the council of occupants’ representatives of Defendant B Apartments (hereinafter “Defendant’s meeting”) is an organization organized pursuant to the Multi-Family Housing Management Act for the maintenance and management of the Yangcheon-gu Seoul Metropolitan Government B Apartments (hereinafter “instant apartment”). Defendant C was the president of the Defendant’s meeting around 2017.
B. On April 25, 2016, the Plaintiff entered into an entrustment management agreement with the Defendant’s meeting, setting the contract period as KRW 1,088,794 (excluding value-added tax) from May 1, 2016 to April 30, 2018, and entered into the entrustment management agreement with respect to the instant apartment (hereinafter “instant management agreement”).
C. Article 17 of the Management Rules of the apartment of this case sets a total of 20 representatives for each building constituting the defendant's meeting, but actually elected from the apartment of this case is 12 representatives.
On September 21, 2017, the Defendant’s meeting decided to terminate the instant management contract with seven consent from the 112 representatives of each Dong (hereinafter “instant resolution”). On September 25, 2017 and October 20, 2017, the Defendant’s meeting notified the Plaintiff that the instant management contract will be terminated (hereinafter “instant termination notification”) as of October 31, 2017, on the ground that “the Plaintiff was grossly negligent in the management and operation of the Plaintiff, such as alteration of private documents, violation of contract, waste disposal (Seoul City Auditor’s cadastral records), water tank damage case, and electric accounting damage case.”
E. The Defendant’s meeting concluded an entrusted management agreement with D Co., Ltd. on November 6, 2017, following tendering procedures for the selection of housing management operator of the instant apartment. Since December 1, 2017, D Co., Ltd. is managing the instant apartment from around December 1, 2017.
F. The main contents of the management contract of the instant case and the management rules of the instant apartment are as follows, and the relevant Acts and subordinate statutes of the instant case are as shown in the attached Form.
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