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(영문) 대전지방법원 2015.04.21 2014나105866

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an enterprise whose main business is the management of multi-family housing in Seo-gu Daejeon, Daejeon, and the Defendant is a person who served until April 30, 2013 as the auditor of the council of occupants’ representatives comprised of representatives from Dong-gu, Daejeon D apartment (hereinafter “instant apartment”).

B. The Defendant filed an application with the Daejeon District Court No. 2012Kahap1398 for provisional disposition against the Plaintiff and the Plaintiff’s representative director E, and the said court on February 20, 2013 shall allow the Plaintiff to peruse documents (including electronic documents) related to the accounting affairs and overall management affairs of D apartment against the Plaintiff at the Defendant’s office only during business hours from 3 days after the date on which the instant decision was served to him/her, to 15 days excluding holidays and Saturdays, during the business hours from 09:0 to 18:00, and to 600 copies only.

hereinafter referred to as the "provisional disposition order of this case"

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2. If the defendant violates the order under the above paragraph (1), 500,000 won per day of the violation shall be paid.

(C) On January 26, 2012, prior to receiving the provisional disposition order of this case, the council of occupants’ representatives and the representative F at the time filed an application for provisional disposition against F, etc., including the suspension of validity of the management contract of multi-family housing with the Daejeon District Court 2012Kahap92, on the ground that he/she did not comply with the request for submission of evidentiary data on recycled products signed by the Plaintiff, etc., the council of occupants’ representatives and the representative F at the time of receiving the provisional disposition order of this case (hereinafter “instant order”). On June 29, 2012, the aforementioned court filed an application for provisional disposition against F, etc., such as the suspension of validity of the provisional disposition of the management contract of multi-family housing with the said apartment, with the creditor (including the Defendant’s electronic documents stored in the computer) related to the accounting affairs and management affairs of D apartment, and the said court shall not refuse to submit them to the creditor (including the electronic documents stored in the computer).