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(영문) 인천지방법원 2013.10.10 2012가단207516
손해배상(기)
Text

1. The Defendant’s KRW 7,618,420 as well as 5% per annum from May 15, 2012 to October 10, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company operating a housing management business, and the Defendant is elected as the representative who is the manager of the management body (hereinafter “the management body of this case”) comprised of all sectional owners of the D, an aggregate building constructed on the ground C in Ansan-si, Ansan-si (hereinafter “instant building”) at the meeting of the management body held on November 18, 2009 (hereinafter “instant meeting”).

The management body of this case is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

(i)an organization which has been established by law prior to the assembly of this case in accordance with Article 23(1) of the Act, and its legal nature constitutes an unincorporated association.

Therefore, the assembly of this case can be deemed to have been held for the purpose of organizing an organization of the same nature as the steering committee of the management body composed of the parties, such as the defendant who actually operates the management body of this case.

B. Since the completion of the instant building, the management duties such as maintenance and repair of the instant building have been supervised by the Gangwon-hee Comprehensive Management Co., Ltd. (hereinafter “Ghee Comprehensive Management”). As a result of the Defendant’s special audit conducted after the representative was appointed, it was determined that the management fee was excessive and the accounting operation was inappropriate compared to other condominiums. The instant management body decided to replace the controlled entity through the general meeting.

C. On April 15, 2010, the Defendant received the Plaintiff’s manager E from the new controlled entity, and the Defendant and the Plaintiff, who representing the instant management entity, concluded a comprehensive management contract on the management of the instant building (hereinafter “instant management contract”) on April 15, 2010. The main content of the contract is the Plaintiff’s management of the instant building and, in return, the instant management entity’s value-added tax amounting to KRW 17,00,000,000 per month.

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