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(영문) 부산지방법원 2018.03.08 2016가단31813
손해배상금 및 구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs, based on the facts, are co-owners (Plaintiff A, Plaintiff A, Plaintiff B, Plaintiff D, the owner of the second floor underground and the first floor D) of the Busan Seo-gu E Commercial Building (hereinafter “instant commercial building”), and Defendant E management body (hereinafter “Defendant E management body”) is the managing body of the instant commercial building established pursuant to the Act on the Ownership and Management of Aggregate Buildings. Defendant F was the president and the representative of the instant management body from 2014 to 2015, and Defendant G is the managing director of the instant management body employed by Defendant F.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-3, the purport of the whole pleadings

2. The Defendants asserted that they neglected their duty to manage the instant commercial building by neglecting the duty to manage the instant commercial building, such as where the Plaintiff did not use the store owned by the Plaintiffs or did not manufacture and operate the product. As such, the Defendants jointly and severally liable to compensate Plaintiff A for KRW 10,000,000, KRW 25,000,000, and KRW 35,000,000 to Plaintiff B.

3. Each statement of Gap evidence Nos. 1 through 41 (including a branch number) alone is insufficient to recognize that the defendants neglected the management of the commercial building of this case and caused damage equivalent to the claimed amount to the plaintiffs. In addition, according to the evidence No. 17, after the defendant management body performed the repair work, the plaintiff Eul and Eul contracted for the repair work to L corporation and again performed the repair work. Since the defendant management body performed the repair work, L corporation filed a lawsuit against the defendant management body upon receiving a seizure and collection order against the defendant management body (Dasan District Court Decision 2016Da345932), the repair work of the plaintiffs filed a lawsuit against the defendant management body for the collection of the payment amount (Dasan District Court Decision 2016Da345932).

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