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(영문) 창원지방법원 2014.12.09 2013나7053
손해배상(기)
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. The reasons why the party members of the court of first instance should explain the instant case are not sufficient to acknowledge the Plaintiff’s assertion on the grounds that each statement of evidence Nos. 8 through 22 (including paper numbers) (including paper numbers) that the Plaintiff submitted in the court of first instance, is insufficient to accept the Plaintiff’s assertion. As to the Plaintiff’s claim extended in the court of first instance, the following judgment is identical to the reasons for the judgment of the court of first instance, except for addition to the corresponding part of the judgment, thereby

2. The Plaintiff asserts that the Defendant is liable to pay the Plaintiff KRW 1,91,940, as the amount of KRW 1,179,110, out of the late payment charges for unpaid management expenses, and the amount of KRW 1,91,940, out of the late payment charges for overpaid and erroneously paid personnel expenses, should be deducted from the Defendant’s claims, such as unpaid management expenses. Since the Defendant did not deduct it, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff KRW 1,911,940.

According to the evidence evidence Nos. 18 and 19, the defendant's management committee of March 27, 2012, the defendant's management committee shall settle the management expenses on the basis of the reduction of the rate of overdue charge reduction and the amount of personnel expenses overpaid or erroneously paid, and the high-quality delinquent management expenses shall claim and resolve the payment order to the court for the "payment order". Furthermore, it can be recognized that the decision was made on the agenda. However, there is no evidence to acknowledge that the defendant gave up the overdue charge among the plaintiff's claims for unpaid management expenses and agreed individually to return the labor expenses claimed to the plaintiff. Thus, this part of the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case (including the claim extended in the trial) is dismissed as it is without merit, and it is so.

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