손해배상(기)
1. The Plaintiff:
A. Defendant C refers to the “personal amount (1)” of KRW 1,522,042,694 and the “amount of money” in attached Form 2.
1. Basic facts
A. The Plaintiff is the council of occupants' representatives comprised of persons representing the occupants and users of A apartment located in Dongjak-gu Seoul Metropolitan Government I (hereinafter "the apartment of this case").
B. On December 7, 2002, the Plaintiff entered into an entrustment management contract with Defendant B (hereinafter “Defendant Company”) that entrusts the management of the instant apartment with the Defendant Company (hereinafter “instant entrustment contract”).
The Plaintiff and Defendant Company extended the contract term of the instant consignment contract on a two-year basis, and accordingly, Defendant Company managed the instant apartment from December 1, 2002 to January 31, 2014.
C. Of the instant consignment contract, the content of the instant case is as follows.
Article 3 (Entrustment Management) The Plaintiff shall entrust the management of the following affairs to the Defendant Company:
(3) The collection of management expenses and the payment of taxes and public charges by proxy (5) the imposition, collection and keeping of special repair reserve funds and reserve funds (9) the expenses in the complex and the prevention of various accidents (10) the affairs prescribed by the Decree, rules, management rules and other management regulations of multi-family housing.
1. The defendant company as a good manager shall perform the entrusted duties faithfully and severally in accordance with the relevant Acts and subordinate statutes, the Industrial Complex Management Rules, and the rules and instructions set forth by the council of occupants' representatives, and when the defendant company caused the damage to the "A" by neglecting them, the "B" shall be
(3) The Defendant Company shall not be held liable for any loss incurred by the Defendant Company in discharging its duty as a good manager, if the Plaintiff, occupant, etc. suffered the loss specified in the following:
(3) The funds of the management office of § 14 (Management of the Deposit) incurred by the Defendant Company in discharging its obligations as a good manager.