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(영문) 의정부지방법원 2017.09.27 2017가단105081
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are members of the 12th council of occupants' representatives of G apartment located in the Gu Government (hereinafter “instant apartment”), Defendant A is the president, Defendant B is the representative of each Dong, Defendant C, D, and E, and the Plaintiff is a multi-family housing management company that has been entrusted with the management of the instant apartment.

B. On August 30, 2016, the Plaintiff entered into a collective housing management contract (hereinafter “instant management contract”) with the 12th council of occupants’ representatives regarding the instant apartment, setting the period from September 1, 2016 to November 30, 2017, with which it is entrusted with the management of the instant apartment (hereinafter “instant management contract”).

[Ground of recognition] Facts without dispute, Gap 2's entries, purport of the whole pleadings

2. On January 20, 2017, the Plaintiff asserted that he/she concluded a labor contract under the instant management contract with H as the managing director, and tried to resume management affairs, such as posting and reporting to the head of the instant apartment management office.

The plaintiff I and H attended the special meeting on January 20, 2017 and tried to discuss about the resumption of the management affairs of this case with the 12-year council of occupants' representatives and H. The defendant E obstructed the attendance of the meeting of the plaintiff by verbal abuse, and the remaining Defendants took part in the defendant E and obstructed the resumption of the management affairs of the plaintiff, such as preventing the participation of the meeting. Even thereafter, the defendant A, the chairperson of the council of occupants' representatives, in collusion with the remaining Defendants, who are the members of the council of occupants' representatives, continued to refuse the provision of duties of the head of the management office of the plaintiff, continued to perform duties through the head of the lawsuit management office of the Korean corporation, and the issue was the same representative and the request of the auditor for reexamination, thereby hindering the provision of the plaintiff's management affairs

As above, the Defendants conspired to commit a tort interfering with the Plaintiff’s management, and thus, are liable to compensate the Plaintiff for damages incurred thereby.

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