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(영문) 대구고등법원 2017.01.18 2015나20507
손해배상
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. Facts of recognition;

A. The Plaintiff is an organization consisting of its occupants and users in order to manage 753 households of the 9-dong 75-dong 753 apartment complexes on the 55th ground (hereinafter “instant apartment complex”). On December 7, 2010, the Defendant entered into a management contract on the instant apartment (hereinafter “instant management contract”) with the Plaintiff and accordingly, managed the instant apartment by the end of January 2013.

The purpose of this Agreement, Article 1 (Purpose)(3) of the Trust Management Contract (A) is to clarify the work process by prescribing all matters concerning the management of the apartment of this case when the defendant entrusted the management of the apartment of this case.

Article 2 (Objects of Entrusted Management) The objects of entrusted management under this Agreement shall be multi-family housing, etc. prescribed by the rules for the management of multi-family housing.

1. Name of the object: Aquatic Dives (the apartment of this case);

2. Small land: 353 changes in the Daegu Water-gu Streets.

3. Management area: 92,641.8092 square meters;

4. The number of taxable units: 753 households.

5. The term "other person" means the period of entrusted management under this contract, such as the management office, older persons' playgrounds, children's playgrounds, living convenience facilities, etc. from January 1, 201 to December 31, 2012 (2).

Article 4 (Scope of Entrusted Management Affairs) The management affairs entrusted by the Plaintiff to the Defendant shall be to the extent of the duties of the management entity prescribed in each subparagraph of Article 55(1) and each subparagraph of Article 25 of the Enforcement Decree of the Housing Act.

Article 15 (Liability for Damages and Matters of Exemption) (1) The defendant shall be liable for any of the following matters arising from the performance of management affairs provided for in this contract:

1. Where the defendant or the defendant's employer inflicts loss on the tenant or a third party by intention or gross negligence;

2. Where the defendant or the defendant's employees inflict damage on the part of a safety accident or money accident by intention or gross negligence;

(b) A stock company;

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