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(영문) 서울북부지방법원 2018.12.18 2018나33921
손해배상(기)
Text

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.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 19, 20, 22, 23, and 24:

The defendant is the council of occupants' representatives of B apartment in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as "the apartment in this case"), 7 Dong from Cdong to Ddong, and the plaintiff is the resident of the above apartment in this case.

B. From January 1, 2013 to December 31, 2014, the Plaintiff served as the 20th president of the Defendant.

C. The election commission of the instant apartment was held on November 27, 2014 by the Defendant’s 21th period (term of office from January 1, 2015 to December 31, 2015), but the election commission held a council of occupants’ representatives with F from January 1, 2015 to May 2015, in the case of other constituencies than F in the 6th constituency (Edong) from among the 7 constituency total election, as the same representative was elected as Dong representative, the election commission of the instant apartment was not elected for less than the voting rate, and the Plaintiff decided on the agenda by holding a council of occupants’ representatives with F from January 1, 2015 to May 2015.

Meanwhile, during the above period, the Plaintiff received KRW 1.5 million (i.e., operating expenses and attendance allowances at meetings) in accordance with the management rules of the apartment in this case (i.e., KRW 300,000 per month x 5 months). From October 30 to July 25, 2015, the Plaintiff spent KRW 6,14,370, including the food expenses of KRW 843,870, including the food expenses of the election management, during the period from October 30 to July 25, 2015.

E. As above, the election commission of the instant apartment, which did not elect the same representative, held a reelection around May 2015, and elected each Dong representative. On August 28, 2015, H held the election of the officers of the council of occupants’ representatives and the G Dong Dong representative re-election as the chairperson.

F. On the other hand, on June 22, 2015, the Plaintiff had F, H, I, and meetings, and had F, H, I, and F, an extension of the Defendant’s duties to act as the president of the Defendant, and issued the Defendant’s seal impression to F, on June 23, 2015.

G. On August 27, 2015, the Plaintiff against the Defendant.

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