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(영문) 수원지방법원 2017.06.09 2016나65398
구상금
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. Basic facts

A. The plaintiff is a juristic person operating the commercial building management business, etc., and the defendant is a person who was an employee of the plaintiff as the head of the management office of Dongducheon-si C (hereinafter "the commercial building of this case").

B. Nonparty E and F, who acquired through auction Nos. 401, 404, 405, and 406 of the instant commercial building, filed a lawsuit seeking damages against the Plaintiff, the managing company of the instant commercial building, and the Defendant, the head of the management office, against the Plaintiff and the Defendant, who was the head of the instant management office, for the reason that the former owner did not pay the delinquent management expenses, caused a short-term or short-term loss. The following mediation was established on July 10, 2012 in the said lawsuit.

1. The Plaintiff shall pay F KRW 33,00,000 to F, on condition that the Plaintiff shall pay KRW 5,000,000 as at the end of each month from August 31, 2012 to January 31, 2013, and KRW 3,00,000 as at February 28, 2013, respectively. If the Plaintiff fails to pay the relevant amount by the due date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at 20% per annum from the day following the due date to the date of full payment.

2. F waives the remainder of the claim against the Plaintiff and the claim against the Defendant, E, and the Plaintiff and the Defendant respectively.

3. The Plaintiff withdraws the lawsuit claiming management expenses incurred by the Suwon District Court’s Ansan Branch 201Gau86779, and does not separately seek management expenses incurred by May 201, 201, which was imposed upon F and E in June 2012.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. The Plaintiff paid the adjusted amount to the management expenses of the instant commercial building held by the Plaintiff, and the management body of the instant commercial building filed a complaint for occupational embezzlement on the grounds of termination of the management consignment agreement. On October 29, 2015, the Plaintiff agreed with the side of the management body of the instant commercial building and the instant case.

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