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(영문) 서울중앙지방법원 2014.05.29 2013가단5010393
손해배상 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company managing the instant apartment under a contract on consignment management with the council of occupants’ representatives of the apartment (hereinafter “instant apartment”), and the Defendant A is a person who has performed the duties of the head of the management office of the instant apartment from March 28, 2011 to June 30, 2012 under an employment contract with the Plaintiff.

B. According to the influence of typhoon around September 2010, 201, 24 meters out of the total soundproof walls installed on the side of the 101 unit road of the apartment of this case were collapsed.

C. On August 31, 201, the council of occupants’ representatives of the instant apartment units concluded a contract with Defendant B on November 29, 201, for soundproof walls construction with the payment period for the Gu office subsidies and the long-term repair appropriations. The council of occupants’ representatives selected “D” operated by Defendant B as the construction company of soundproof walls, and entered into a contract with Defendant B on November 29, 201 for soundproof walls construction with the payment period of KRW 51 million.

On the other hand, Defendant A employed Defendant B as the guard leader of the instant apartment on August 201, and Defendant B served as the guard leader until January 31, 2012.

Defendant B completed the soundproofing Walls (hereinafter “instant construction”) construction on December 26, 2011, but the occupants of the instant apartment, on the ground that not only the date of the instant construction but also the Defendants engaged in illegal construction, Defendant B filed a complaint with the Plaintiff on the ground that the instant apartment construction was performed in collusion with the Defendants.

E. Accordingly, the Plaintiff awarded a contract for soundproofing walls re-construction at KRW 78,100,00,000 for the price for soundproof walls re-construction, which removed soundproof walls constructed by the Defendant B, and newly installed soundproof walls.

F. Meanwhile, the Plaintiff and the witness E filed a criminal complaint with the purport that they caused property damage to the occupants of the apartment of this case by unfairly paying the construction cost after the Defendants selected Defendant B as a soundproofing wall construction company in violation of the housing-related Acts and subordinate statutes, etc., but they received a decision without suspicion.

【No dispute over the ground for recognition”, Gap evidence 1 through 4, 7 evidence, 10 to 10.

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