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(영문) 부산지방법원 2016.09.22 2015가단213328
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 6:

The plaintiff (former title: C Apartment Apartment Council) is a council of occupants' representatives comprised of the representatives of the Dong-gu A apartment complex in Busandong-gu (hereinafter referred to as the "the apartment complex in this case").

B. The Defendant is a person who served as the president from the end of 2003 to March 2015 as the representative of the Plaintiff’s council of occupants’ representatives.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant is obligated to compensate the Plaintiff for damages totaling KRW 128,366,700 (= KRW 34,124,000, KRW 80,242,700).

(1) Around 2010, the Defendant, representing the Plaintiff’s representative council, gave a contract for the re-design construction of the instant apartment complex in KRW 99,00,000 to E operating the enterprise called “D”.

However, in the bidding of the above re-design construction, the Defendant respondeded to KRW 84,876,00,00, which is the lowest price for the construction of common industry, and the Defendant concluded a contract with the construction of common industry. However, the Defendant offered a contract for the construction of common industry to E, who is a non-licensed seal business operator, for the higher price of KRW 9,00,000, and received KRW 14,124,000,000 in return for E. Accordingly, the Plaintiff’s representative council suffered a loss equivalent to KRW 99,90,00 (= KRW 84,876,000).

(2) Although the proceeds from the sale of recycled goods collected from the apartment complex of this case should be processed by the same way as the revenues of management expenses, the Defendant, while holding office as the representative of the Plaintiff’s council of occupants’ representatives, arbitrarily uses the proceeds of the sale of recycled goods from around 2010 to around 2014, thereby incurring loss equivalent to the same amount to the Plaintiff’s council of occupants’ representatives.

(3) The maintenance work and service of the apartment complex of this case shall be formulated in advance a long-term repair plan.

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