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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is the council of occupants' representatives comprised of representatives of Dong-si A apartment (hereinafter "the apartment of this case"). The defendant B served as the chairperson of the plaintiff from April 15, 2009 to May 17, 2010, and the defendant C served as the director of the management office of the apartment of this case from February 1, 2008 to August 1, 2010.
The apartment of this case is a leased apartment constructed by D (hereinafter “D”) and managed D as a business entity from May 1, 2001 to January 2008, and D entered into a contract for the management of the consignment of multi-family housing with the Seocho Development Co., Ltd. (hereinafter “Seo Development”) on January 23, 2008, when the lease term expires and the apartment is converted into the sale of the apartment.
From February 1, 2008, the Seocho Development commenced the entrusted management of the apartment of this case, and Defendant C was assigned as the head of the management office of the apartment of this case.
The plaintiff was composed of March 30, 2009, and started self-management of the apartment of this case from June 1, 2009.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 9 (including virtual numbers), the plaintiff's assertion of the purport of the whole argument, the head of the management office of the apartment of this case, the defendant Eul as the president at the time when the plaintiff started self-management, and the plaintiff as the president at the time when the plaintiff started the management of the apartment of this case, has the duty of care under the delegation contract with the plaintiff. In violation of this, Eul did not properly transfer the apartment management fee, its accounting-related documents, and
Accordingly, the Plaintiff did not take over the remaining management expenses of KRW 84,91,553 from D, and did not collect KRW 76,937,520 for attempted management expenses. On January 208, 2008, the Plaintiff did not collect KRW 60,929,570 for management expenses. Accordingly, the Defendants are jointly and severally liable to pay KRW 81,85,860 for damages incurred due to the Plaintiff’s breach of the fiduciary duty under the delegation agreement with the Plaintiff.
Judgment
First, ..