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(영문) 수원지방법원 2017.12.19 2016가합1598
손해배상(기)
Text

1. On June 27, 2017, the Plaintiff (Counterclaim Defendant)’s managing body of the instant officetel Etel and the Plaintiff’s counterclaim’s KRW 39,872,520 and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(2) The Defendant Etel management body (hereinafter “Defendant management body”) is a management body composed of the sectional owners of buildings E on the ground of 1983m2 (hereinafter “instant officetels”) in Suwon-si, Suwon-si. The purpose of which is housing management business, etc., and Defendant C is the representative director of Defendant B.

Defendant D is a person appointed by Defendant D as the manager of the instant officetel on March 15, 2013.

3) B. Around September 29, 2006, the Plaintiff is a person who was engaged in the management of the instant officetel before the Defendant’s managing body was organized. B. Around September 29, 2006, Defendant B entered into an entrustment management agreement on the instant officetel with G Co., Ltd. (hereinafter “G”). On October 1, 2006, the Plaintiff, as the head of the management office affiliated with Defendant B, commenced the management of the instant officetel.

2) On November 31, 2006, G: (a) appointed the Plaintiff as the manager of the instant officetel on December 1, 2006; and (b) prepared and issued a power of delegation to delegate the management affairs of the instant officetel until the building manager is determined; (c) the Plaintiff was indicted for embezzlement in relation to the instant officetel management (U.S. District Court 2014No685). The said court acquitted the Plaintiff for the purport that “the Plaintiff was not in the position of keeping money for the Defendant B because it was judged that the Plaintiff borrowed the name of the Defendant B for external business and was in fact managed independently,” and the said judgment became final and conclusive.

C. On April 11, 2013, Defendant D following the appointment of the administrator of the Defendant management body, as to the instant officetel as of May 13, 2013, as to the instant officetel as of May 13, 2013.

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