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(영문) 대전지방법원 2015.08.20 2014가단231016
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is asserted as follows, and the defendant has no obligation to pay his unpaid management expenses.

Management expenses of KRW 10,347,040 claimed by the Defendant against the Plaintiff are management expenses that the Plaintiff, a lessor, did not pay.

The defendant has neglected the responsibility for managing the management for the collection of the management expenses prescribed by the management rules, and has failed to receive the management expenses from the eth global level.

Therefore, the defendant should compensate for damages suffered by the plaintiff due to negligence that neglected the collection of management expenses.

(2) In the case where the plaintiff does not actively seek damages, the plaintiff's assertion is understood to have no obligation to pay the management expenses. 2. The plaintiff's assertion is understood to have no obligation to pay the management expenses. 2. 2. The plaintiff leased the No. 324 to the owner of the No. 324; the Eti Global delayed management expenses of KRW 10,495,570 from February 2, 2012 to January 2014; Article 32 (2) of the management rules of the defendant states that "the members of the council of occupants' representatives shall be liable to compensate for damages if they cause damages to the occupants, etc. or a third party due to intention or negligence related to their duties; Article 51 (2) provides that "the management authority and its employees shall issue a demand notice if the occupants, etc. fail to pay the management expenses; the management authority may take measures against the delinquent generation for three months or more; provided that the parties may not have any dispute or may have any dispute between the parties under subparagraphs 1 through 4 and 7.

However, in light of the following circumstances recognized by the above facts alone, the defendant neglected the collection of management expenses in view of the entries in the evidence Nos. 1 through 7 and the purport of the entire pleadings:

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