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(영문) 의정부지방법원 2020.10.29 2019가단123311
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is composed of the representatives of Dong apartment A located in Dong Government-si (hereinafter “Plaintiff apartment”), and Defendant B is an employee belonging to Defendant E (hereinafter “Defendant E”) who works as the head of the management office of the Plaintiff apartment, Defendant C is a person who engages in the removal business under the trade name of H, Defendant D is a removal business, Defendant D conducts building (facilities), management service business, and pipeline material sales business. Defendant F Co., Ltd. (hereinafter “Defendant F”).

B. On February 2, 2016, the Plaintiff passed a resolution to select and implement a business entity after the public announcement of construction, through a special meeting by the representative of the 5th building at each Dong on February 2, 2016 (hereinafter “instant removal project”). On February 18, 2016, the Plaintiff decided to announce the public announcement of the instant removal project at the regular meeting of the representative of the 9th building at each Dong 13th regular meeting.

C. On February 19, 2016, Defendant B, who served as the head of the management office of the apartment complex, announced the bid for the removal of the instant case under the name of the head of the management office. According to the written public notice, it was stipulated that the Plaintiff’s business is “business entity that has subscribed to business compensation insurance and industrial accident insurance.”

Plaintiff

On March 3, 2016, the bidding price for the removal of the instant building was conducted on March 3, 2016 at the apartment management office, and the bid price was submitted under the name of H, Defendant F, and J. In the process of construction, H paid KRW 500,000 to the Plaintiff, and Defendant F paid KRW 1,40,000 to the Plaintiff, subject to the condition that the construction company disposes of and appropriated for the construction cost. The J presented the condition that the Plaintiff would receive KRW 1,20,000 for the construction cost from the Plaintiff. On March 8, 2016, the Plaintiff decided to select Defendant F, the highest bidder, as the construction company at the special meeting of the representatives of the six buildings at the sixth buildings at the end of March 8, 2016.

E. The Plaintiff and Defendant F, on March 10, 2016, are 1,540.

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