1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

1. Basic facts

A. On September 2017, the Defendant entered into a labor contract with the Plaintiff with the content that the Plaintiff would work until November 30, 2017 as the managing director of the Seoul Northern-gu apartment complex C apartment complex (hereinafter “instant apartment complex”).

B. On September 30, 2017, the representative meeting of occupants of the instant apartment complex and the Plaintiff entered into an agreement on the consignment management (hereinafter “instant agreement”) with the Non-Party Company D (hereinafter “D”) on the instant apartment complex on the community center within the instant apartment complex.

(c)

On April 29, 2019, the Seoul Northern District Court decided on the fine for negligence concerning the instant contract (Seoul Northern District Court 2018Da129 decided on June 24, 2019), and the decision on the fine for negligence was finalized on June 24, 2019. The above decision is as follows.

The amount of a fine for negligence: The reason for the decision of KRW 3 million: The plaintiff, as the managing body of the apartment complex of this case, concluded the contract of this case without the consent of the majority of the occupants.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, and 7 (including various numbers), and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The purport of the Plaintiff’s assertion requires a resolution of the representative meeting of occupants or the consent of a majority of occupants, etc. when the contract of this case is concluded, the Defendant neglected to perform its duties as a management complaint of the apartment complex of this case, thereby causing damages to the Plaintiff subject to imposition of an administrative fine of KRW 3 million. Thus, the Defendant is obliged to reimburse the Plaintiff KRW 3 million pursuant to Article 756(3) of the Civil Act.

B. We examine the judgment, and if the defendant, who was the plaintiff's employee, inflicted damages on the third party on the execution of his work, the plaintiff is liable to the third party under Article 756 (1) of the Civil Act.