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(영문) 서울남부지방법원 2017.12.19 2017가단211072

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. From November 25, 2009 to November 25, 2011, the Defendant served as the chairperson, who is the representative of the Plaintiff.

B. (1) On October 4, 2010, the Defendant, on behalf of the Plaintiff, entered into an agreement (hereinafter “instant delegation agreement”) on behalf of the Plaintiff, that delegates agent affairs for the case of claiming damages due to defective construction, etc. of the law firm Sejong (hereinafter “Seoul”) and A apartment (hereinafter “instant apartment”).

(2) Pursuant to Article 3 of the instant delegation agreement, the three mines concluded a safety diagnosis agreement with the Korea-U.S. Structural Engineering Co., Ltd. on October 4, 2010, and paid KRW 77 million on October 19, 2010 to pay the safety diagnosis cost necessary for the handling of delegated affairs.

C. On October 21, 2010, at the 6th regular council of occupants' representatives held on October 21, 2010, the Plaintiff’s third regular council of occupants’ representatives, who attended meetings among 27 representatives of each Dong with the consent of 25 members, such as 19 representatives of each Dong who attended meetings and 6 representatives of each Dong who submitted written written written written consent, passed the agenda on appointment of three mines as

(hereinafter referred to as “instant resolution”) minutes have been prepared.

(2) Meanwhile, five of the representatives of the above buildings who submitted a written written consent submitted submitted each written consent for signature (hereinafter “written consent for signature of this case”) stating that the five of the representatives of the above buildings were “a person is unable to attend the meeting held on October 21, 2010 due to personal circumstances,” and that “a person is unable to attend the meeting held on October 21, 2010 due to personal circumstances, and a person submitted each written consent for signature (hereinafter “written consent for signature of this case”).

Article 22 (Procedure for Convocation of Meetings) (1) When the Chairperson intends to call a meeting, he/she shall notify the representative of each Dong of the date and place of call and shall notify the representative of each Dong of the date and place without delay.