1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a management body established with all sectional owners of A shop E located in Seongbuk-gu, Sungnam-si (hereinafter “instant commercial building”), and the Defendant was the chairman of the Management Committee of the instant commercial building from September 2014 to August 2015.

B. On March 15, 2015, the Plaintiff entered into a construction contract with G engaged in water leakage detection and repair business of water supply facilities (hereinafter “F”) on March 22, 2015 with the purport that the said G would carry out water leakage exploration and repair (hereinafter “instant repair work”) and the Plaintiff would pay KRW 4,00,000 as the construction cost (hereinafter “instant construction contract”). After completing the instant construction work, the said G was paid KRW 4,00,000 for the said construction cost by the Plaintiff.

C. Meanwhile, on June 3, 2015, the Plaintiff entered into a construction contract with I, who is engaged in the construction and installation business with the trade name “H,” stating that the said I shall carry out the construction work for the replacement of water supply pipes of the instant commercial building from June 4, 2015 to June 9, 2015 (hereinafter “instant pipeline replacement work”), and that the Plaintiff shall pay KRW 6,200,000 as the construction cost. The said I received KRW 6,200,000 from the Plaintiff after completing the said construction work.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence No. 6, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. At the time of the Plaintiff’s assertion of the instant construction contract, F’s representative G was authorized to replace the pipe itself, not the ornamental Repair Corporation of the instant commercial building.

Nevertheless, the former president, the Defendant, holding a regular meeting under the condition that the quorum set forth in the management rules of the instant shopping mall fails to meet, and then resolved to conclude the said G and the instant construction contract with the said G, and subsequently forcing the Plaintiff to perform the instant repair work, thereby incurring damages equivalent to KRW 4,00,000 for the construction cost of the instant case.