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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by F, expressed as the representative of the plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff, a collective housing, is a A apartment located in G in Nam-si, Namyang-si (hereinafter “instant apartment”).
(2) Defendant B is an organization composed of occupants for the management of the apartment in this case. Defendant B is a company that has worked as the chairperson of the Plaintiff from June 1, 2009 to May 31, 2013. Defendant C is a company that is in charge of the management of common housing of the apartment in this case. Defendant D is a company that is in charge of the management of the apartment in this case; Defendant C is a company from October 2009 to January 2012, and Defendant C is an agent of each of the Defendant C companies from January 2012 to August 2014. Defendant B is responsible for compensating the Plaintiff for damages due to its personal use.
3) Defendant D is liable for damages since it did not accumulate KRW 50,468,720 among the long-term repair appropriations received from the occupants of the apartment of this case while in office as the manager of the management office, and spent for personal purposes. Defendant D paid KRW 30,50,000 out of the management expenses to Defendant B without any grounds while in office as the manager of the management office. As such, Defendant D is liable for damages pursuant to Article 55-2 of the Housing Act.
5) Defendant C Co., Ltd., despite its duty to perform the delegated duties with the care of a good manager, is deemed to have participated in, or aided and abetted at least, the embezzlement of Defendant D and E, and thus, is jointly and severally liable with Defendant D and E to compensate for damages. 6) Since F is a person duly elected as the Plaintiff’s president, it may file the instant lawsuit against the Defendants on behalf of the Plaintiff.
B. F alleged as the representative of the Plaintiff’s assertion by the Defendants is legitimate at the time of the instant lawsuit.