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(영문) 대전지방법원홍성지원 2014.04.23 2013가단6025
손해배상(기)
Text

1. Defendant B’s KRW 12,990,000 and the Plaintiff’s annual rate of KRW 5% from July 4, 2013 to April 23, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives established pursuant to Article 50(1) of the Enforcement Decree of the Housing Act for the management of Boan-si A apartment (hereinafter “instant apartment”). Defendant B was the Plaintiff’s representative from November 2006 to February 11, 201. Defendant C was dispatched to the head of the management office of the instant apartment and was in charge of managing the instant apartment from October 2003 to November 15, 201.

B. On June 27, 2008, Defendant B, on behalf of the Plaintiff, awarded a contract for the construction of the instant apartment guard room to the Seoul Northern Construction Industry Co., Ltd. for the construction cost of KRW 38,600,000 (excluding value added tax), and entered into an additional contract for the construction cost of KRW 7,300,000 thereafter, paid KRW 50,390,000 in total as the construction cost and value added tax.

(2) In addition, Defendant B paid on behalf of the Plaintiff KRW 12,00,000,00 for the construction cost of fire-fighting and electric facilities in the above guard room to Dong Young-gu Co., Ltd., and the construction cost of KRW 12,00,000 prior to Dong Young-gu.

C. Defendant B on behalf of the Plaintiff, on March 21, 2008, awarded a contract for the construction cost of the instant apartment in KRW 30,000,00,00 on behalf of the Plaintiff, and paid the said construction cost in full to D.

Defendant B, while working as the representative of the Plaintiff, received KRW 12,250,000 per month from November 24, 2006 to November 25, 2010 as the aggregate of KRW 12,250,000 per month in the name of business promotion expenses. From September 11, 2007 to September 17, 201, Defendant B spent KRW 7,200,000 in the aggregate of KRW 7,20,000 in the name of gift expenses.

[Ground] Facts without dispute, Gap evidence 1 through 6, evidence 15, evidence 17, evidence 21, evidence 3 through 6, evidence 8, evidence 9, evidence 11, evidence 1.

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