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(영문) 의정부지방법원 고양지원 2017.01.11 2015가단15668
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff A, KRW 1,607,930, KRW 1,966,205, KRW 2,032,117, and Plaintiff C.

Reasons

1. Basic facts

A. Q shopping mall (hereinafter “instant shopping mall”) is an aggregate building of the fourth underground floor and the fifth fifth floor above ground located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

B. The instant shopping mall is comprised of shop occupants (including tenants) and sectional owners who moved in the instant shopping mall as its members, and actually serves as the management body of the instant shopping mall.

C. From September 2003 to November 201, 2014, the instant shopping mall entrusted the management of the building of the instant shopping mall to Defendant Mine Industrial Co., Ltd. (hereinafter “Defendant Mine Industry”). Defendant Mine Industry dispatched Defendant P to the management office of the instant shopping mall, and Defendant P served as the management office of the instant shopping mall from January 2004 to April 201.

According to the management rules of the shopping mall of this case, ① the purpose of the shopping mall of this case is to efficiently manage all the matters necessary for the management of the property of the shop owners and lessees and the management of the facilities of the shopping mall of this case, and to contribute to the promotion of the welfare of the shop occupants and the revitalization of the shopping mall of this case (Article 2 of the management rules), ② the shop occupants are liable to pay the management expenses, etc. necessary for the maintenance and management of the shopping mall of this case, ② the lessee is liable to pay the lessor if the lessee fails to pay the management expenses, etc. (Article 9(3) and (4) of the management rules), and ③ the management entity is

(Article 18 subparagraph 3 of the Management Rules). (e)

Defendant P, as the managing director of the instant commercial building, has been in charge of the business of imposing and collecting management expenses to occupants in accordance with the above management rules, imposed and collected management expenses, such as general management expenses, cleaning expenses, disinfection expenses, repair and maintenance expenses, electricity fees, water supply and drainage fees, etc. from each occupant occupant, and had a duty to perform the business of collecting them according to the sale area, etc.

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