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1. The Defendant’s KRW 4,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 14, 2017 to July 11, 2018.
Reasons
1. Facts recognized;
A. The Plaintiff is a council of occupants’ representatives comprised of occupants, etc. of Busan Jin-gu A apartment (hereinafter “instant apartment”), and the Defendant is a person who served as the president of the Plaintiff’s council of occupants’ representatives from July 2015 to October 2016.
B. On May 14, 2015, the Plaintiff: (a) opened a council of occupants’ representatives to serve as the president and selected D Co., Ltd. (hereinafter “D”); (b) concluded a contract for construction works with D on May 15, 2015 between D and D on May 15, 2015, with the occupant of the instant apartment building, for the equal-heat repair, re-design construction, and re-designing construction (hereinafter “the instant repair works”).
C. Before that, the Plaintiff had expressed his opinion on whether each of the apartment units of this case should bear the windowing construction work of the window frame of each household as long-term repair appropriations, and whether each of the households should bear the same, and agreed that the level of 75% of the occupants should be borne by the long-term repair appropriations.
(However, it is not confirmed whether the tenant is the owner of each household or the tenant, etc.).
After that, on May 19, 2015, the Plaintiff opened a council of occupants' representatives to decide on and notify the destruction of the above construction contract for the instant repair work on the grounds that the requirements for electronic bid were not met, but lost the lawsuit filed by D to confirm the validity of the contract for construction works. On February 26, 2016, the Plaintiff concluded a contract for construction works with D again, and accordingly paid construction expenses to D.
(The president was the defendant at the time of signing the contract and paying the construction cost on February 26, 2016). (e)
On the other hand, E, a management company of the apartment of this case, is to replace and repair major facilities in common areas of multi-family housing according to Article 47 (1) of the Housing Act around February 16, 2016.