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1. Each appeal filed by the plaintiff and the defendant is dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the council of occupants’ representatives comprised of occupants, etc. of the A apartment located in Busan-gu D (hereinafter “instant apartment”). The co-defendant C of the first instance trial (hereinafter “Co-defendant of the first instance trial”) is a person who served as the Plaintiff’s president from August 2015 to September 30, 2017. The Defendant is a person who served as the head of the instant apartment management office from November 1, 2014 to December 6, 2016.
B. On May 14, 2015, the Plaintiff opened a council of occupants’ representatives to serve as the president and selected F Co., Ltd. F (hereinafter “F”) from among three companies that participated in the bid for rupture repair and re-design construction of the instant apartment complex. On May 15, 2015, the Plaintiff entered into a contract for construction works with F to cover KRW 673,770,000 for the said rupture repair, re-designing construction, and coding of the creative frame (hereinafter “instant repair works”).
C. Prior to the conclusion of the contract on construction works for the instant repair works, the Plaintiff expressed opinions as to whether each apartment unit occupant of the instant apartment unit should bear the windowing construction works for each household unit or bear the same as the long-term repair appropriations, and agreed that the occupant’s 75% amount is borne by the long-term repair appropriations.
On May 19, 2015, the Plaintiff opened a council of occupants' representatives to decide on and notify the destruction of the above construction contract for the instant repair work on the grounds that the requirements for electronic bid were not met, but lost in the lawsuit filed by F to confirm the validity of the construction contract for the construction work (the Busan District Court 2015Gahap3986). After that, the Plaintiff (C was newly elected as the Plaintiff’s representative on August 26, 2015) concluded a new contract for the instant repair work with F with the same content as before.
E. The Plaintiff from February 26, 2016 to May 2016 pursuant to the contract for the instant repair work.