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(영문) 의정부지방법원고양지원 2019.09.18 2018가단96811
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The F commercial building is an aggregate building of the 4th underground and the 5th floor above the ground located in Yongsan-gu Seoul Metropolitan City, Seoyang-si, and the commercial building of this case is comprised of occupants (including lessees) and sectional owners, and actually play the management body of the commercial building of this case.

Plaintiff

A shall jointly operate the K K Jong-I with J, the husband of the instant commercial building, and the Plaintiff Company B shall operate the NA from L toM of the instant commercial building, and Plaintiff C shall operate the PE in the instant commercial buildingO.

B. The management of the instant shopping mall was entrusted to Defendant D Co., Ltd. (hereinafter “Defendant D”) with the management of the instant shopping mall from September 2003 to November 201, 2014. Defendant D dispatched Defendant E to the management office of the instant shopping mall, and Defendant E served as the management office of the instant shopping mall from January 2004 to April 2014.

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(3) of the Management Rules. (c)

Defendant E’s breach of trust is the director of the management office of the commercial building of this case, and the management fee shall be imposed and collected on the occupants pursuant to the above management rules.

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