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(영문) 수원지방법원 안양지원 2018.09.21 2016가단124021
손해배상(기)
Text

1. The Defendant’s KRW 774,090 as well as the Plaintiff’s annual rate of KRW 5% from January 3, 2017 to September 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants' representatives of the apartment complex comprised of the representative of the 2,540 unit units of the Guang-si A apartment (hereinafter "the apartment of this case"). The Defendant is a person who served as the representative of the Plaintiff from October 13, 2010 to October 12, 2014.

B. The main contents of the instant apartment management rules are as follows.

Article 32 (Operating Expenses) (1) The operating expenses of the council of occupants' representatives under Article 58 (3) 8 of the Enforcement Decree of the Housing Act shall be comprised of the following:

7. Other expenses incurred in operating the council of occupants' representatives.

Article 33 (Duties and Responsibilities of the Council of Residents' Representatives) (1) Members of the council of occupants' representatives shall perform their duties with due care as a good manager under Article 51 (1) of the Enforcement Decree of the Housing Act and Article 21 of the Enforcement Rule

(2) Where any member of the council of occupants' representatives causes damage to occupants, etc. by intention or negligence, he/she shall be liable for such damage.

Article 63 (Execution and Accounting of Miscellaneous Income) (2) The management entity may disburse miscellaneous income preferentially to expenses incurred in facilitating community revitalization and the promotion of residents' autonomous activities, or to encourage residents, etc. to participate in voting, following a resolution by the council of occupants' representatives.

(4) The following miscellaneous income that has contributed to the accumulation by occupants and users among the balance of miscellaneous income after disbursement of miscellaneous income under paragraph (2) shall be subsidized at the expense of a self-employed organization within the extent of 20%, the remaining amount shall be accumulated as the reserve fund for management expenses, and the balance remaining at the end of the session shall be treated as the long-term repair load:

(5) Where the management entity intends to execute reserve funds, it shall prepare the items of and reasons for disbursement of management expenses.

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