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(영문) 수원지방법원 2016.06.30 2015나32605
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Summary of the parties' arguments;

A. Plaintiff 1) On April 28, 2008, the Plaintiff is the Plaintiff’s building A (hereinafter “instant commercial building”).

(2) The Defendant, a managing body, concluded an entrustment contract concerning the management of the instant commercial building and performed management work. (2) The Defendant, even though there is no ground for termination stipulated in the above entrustment contract, notified the Plaintiff of the termination of the entrustment contract on August 17, 2012, and changed the correction device of the instant commercial building management office on August 22, 2012, and committed a tort that prevents the Plaintiff from performing the management work normally by preventing the Plaintiff from entering the Plaintiff’s employees.

3) Therefore, the Defendant should compensate the Plaintiff for the damages equivalent to the amount of profit that the Plaintiff could have gained when the Plaintiff performed in a normal manner as a compensation for damages caused by a tort. (B) The other party who entered into an entrustment contract between the Plaintiff and the Plaintiff is not the Defendant, who is the managing body of the instant commercial building, but the prosperity of the instant commercial building consisting of sectional owners and lessees, and the representative E of the instant commercial building operation council, which entered into the entrustment contract with the Plaintiff, has not been elected as the representative of the instant commercial building operation council. Therefore, the Plaintiff cannot assert the right under the entrustment contract against

2) Since the Defendant had been directly managing the instant commercial building from August 2012, the Plaintiff cannot file a claim for service fees against the Defendant. 3) The Plaintiff conspired with C, who is the former manager of the instant commercial building, used the long-term repair appropriations, etc. at will, failed to file a claim for overdue management fees, neglected management obligations, and aided and abetting D’s embezzlement, who is the occupant of the instant commercial building, or embezzled the refund of value-added tax on the electric charges, and thus, the Plaintiff breached the duty of care under the said entrustment contract.

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