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(영문) 대구지방법원 2016.10.14 2016가단101027
손해배상(기)
Text

1. The Defendant’s KRW 11,550,00 and KRW 9,750,00 among the above money and KRW 11,750,000 from April 18, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Between April 10, 2006 and June 24, 2014, the Plaintiff served as the head of the management office of the Da Mangion (hereinafter “instant apartment”). At the time when the Plaintiff was appointed as the head of the management office, the Defendant served as the head of the management office of the instant apartment complex, and was working as the president of the council of occupants’ representatives for about seven years until July 2013.

B. On July 24, 2013, the council of occupants’ representatives of the instant apartment (the president at that time) concluded a contract for manufacturing, selling, and installing elevators with the Hyundai Elevator Co., Ltd. (hereinafter “former Elevator”) on the date of completion set as October 31, 2013.

After that, on October 2013, 2013, Hyundai Elevators decided that it is difficult to complete the installation of elevators by the initial time limit for completion, requesting the extension of the time limit for completion to the side of the council of occupants' representatives. Ultimately, the replacement work was completed on November 30, 2013.

C. On December 30, 2013, the council of occupants’ representatives of the instant apartment complex (the presidentD at the time) decided that the construction work completion shall be paid in full without imposing liquidated damages for delay for the part where the construction work completion is delayed for one month, taking into account the overall consent of the directors present at the council of regular occupants’ representatives at the meeting of the council of occupants’ representatives on December 30, 2013, including the fact that there was an agreement on the extension of the deadline for the completion of construction and the extension of the deadline for the completion of construction, and that there was no actual damage

However, as seen above, there was a dispute between the defendant and some residents in regard to the resolution that did not impose penalty for delay on the modern elevator.

E. On January 14, 2014, the Defendant: (a) sought an apartment management office of the instant apartment, working for the Plaintiff; and (b) resisted as a matter of compensation for delay in replacement of apartment elevators; and (c) committed assault, such as flapsing the Plaintiff, while making a dispute with the Plaintiff.

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