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(영문) 서울중앙지방법원 2018.04.16 2017가단5062774

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the owner and occupant of Dongjak-gu Seoul Metropolitan Government H apartment (hereinafter “instant apartment”) 4002, and Plaintiff B was the owner and occupant of the instant apartment from April 9, 2003 to May 30, 2016.

Plaintiff

B served as the auditor of the council of occupants' representatives of the apartment of this case, and resigned on August 4, 2014.

B. On December 27, 2011, Defendant Green Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a management company of the instant apartment that entered into a management service contract with the council of occupants’ representatives of the instant apartment. Defendant C, D, E, and F were the chairman of the council of occupants’ representatives as indicated below, and Defendant G is the head of the current management office of the instant apartment.

Defendant C during the period from May 2009 to April 4, 2011, 2011 to April 201, 201, E from May 5 to April 2013, 2013, F from May 2015, 2015.

C. The Plaintiffs filed a provisional disposition (Seoul Central District Court 2016Kahap587, 2017Kahap81231) against the Defendant Company seeking perusal and copying of the books and documents prepared and kept by the Defendant Company, the managing body of the instant apartment in accordance with the instant apartment management rules, and there was a decision allowing the Plaintiff A to peruse and copy some books and documents (hereinafter “instant provisional disposition”).

Plaintiff

B filed a lawsuit against Defendant E, F, and I, and Defendant G, stating that “The damages shall be claimed, by a resolution of the council of occupants’ representatives, since they posted a notice that damages the Plaintiff’s reputation,” against the president, directors of the council of occupants’ representatives of the instant apartment, and that “Defendant E, etc. shall pay the Plaintiff KRW 10,000,000 and damages for delay thereof,” (hereinafter “instant lawsuit”). On June 15, 2016, Defendant E, etc. had rendered a judgment against the Plaintiff.

E. After the judgment of this case was rendered, the president of the council of occupants' representatives of the apartment of this case does not make a public announcement as stated in the attached notice on January 31, 2017.