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(영문) 서울고등법원 2015.01.27 2014나2014489
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established to implement a reconstruction project of an apartment complex A located in Seocho-gu Seoul Metropolitan Government D and E (hereinafter “instant reconstruction project”).

The defendant was elected as the president of the plaintiff's association on November 29, 2008, when the reconstruction project of this case was in progress.

B. 1) On December 18, 2008, the Defendant sent the Plaintiff’s partnership’s official title “No. 1 before the work instruction” to the contractor, supervision team, and design office of the Plaintiff’s association, stating “a replacement with a subdivision after removing a non-proof wall at the bottom of the windows of the apartment be newly constructed,” etc. as the head of the Plaintiff’s association.

B) A joint venture consisting of Samsung C&T Co., Ltd. and Samsung C&T Co., Ltd. (hereinafter “C&D”) as a contractor.

On February 6, 2009, the Defendant sent to the Plaintiff on February 6, 2009, with regard to subparagraph 1 before the Defendant’s work instruction, “The additional construction cost of KRW 900 million has occurred at the time of changing the design of the previous household at the request of the Plaintiff Union, and there is a civil petition by a household that does not expand balconys after the relocation of the front household, so it is anticipated that the alteration is possible after the completion of the consent of the former household.” 2) On January 13, 2009, the Defendant sent to the Plaintiff, as the head of the Plaintiff’s association, 25 square A, 25 square B, 34 square, 34 square, and 40 square meters [Attachment], the Defendant sent to the Plaintiff a comprehensive rebuilding project of KRW 25 square meters, “No. 4, 200, 200, 200, 200,000 square meters A,” which is, “No. 4,000.

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