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(영문) 서울남부지방법원 2018.08.17 2017나64963
손해배상(기)
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. Basic facts

A. (1) The Plaintiff is an autonomous management organization consisting of its occupants to manage the 299 households and ancillary facilities of Yeongdeungpo-gu Seoul Metropolitan Government A 6-dong (hereinafter “instant apartment”).

(2) From September 2014 to September 2016, Defendant B was the third tenant representative of the instant apartment and the Plaintiff’s president, and Defendant D was the third tenant representative and the Plaintiff’s auditor, and Defendant C was the following.

It is a person who was in the position of the designated party of the tenant who is the plaintiffs of the lawsuit.

B. On June 4, 2013, Seoul Southern District Court 2013Gahap9667, the Plaintiff, including the Defendants, filed a lawsuit against E (hereinafter referred to as “E”) claiming damages regarding the defects of the instant apartment (hereinafter referred to as “the first lawsuit for damages”) and appointed the Defendants as the designated parties, and concluded a delegation contract with the Plaintiff F&C on November 13, 2012.

C. On December 1, 2014, Seoul Southern District Court 2014Gahap13670, the Plaintiff filed a lawsuit against the Housing and Urban Guarantee Corporation seeking the payment of the warranty bond with respect to the defects of the instant apartment (hereinafter “the second lawsuit”) and on November 26, 2014, Defendant B concluded a delegation contract with the Plaintiff as the Plaintiff’s representative and the Plaintiff’s agent.

On November 13, 2012, the main contents of the contract for the delegation of a lawsuit between the attorney F and the plaintiff on November 13, 2012, which was entered into with respect to the first lawsuit between the lawyer F and the plaintiff, are ① all the expenses incurred in the litigation procedures, such as stamp, delivery fee, appraisal fee, etc., are first paid by the attorney, and this is the top priority, apart from the success fee.

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