The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Basic Facts

The Plaintiff entered into an employment contract with C Co., Ltd. (hereinafter referred to as “C”) that operates the business of dispatching workers, etc., and worked as the head of the management office of D apartment units from September 1, 2019 to November 30, 2019 according to a collective housing contract agreement between the representative meeting of occupants of D apartment units and C (hereinafter “instant contract”).

The defendant is the representative of the representative meeting of apartment occupants.

On October 20, 2019, the Defendant sent to the Plaintiff a Kakao Stockholm message to the effect that, from September 1, 2019 to September 30, 2019, the Plaintiff copied the guard log to put it in the Defendant’s mail. On November 28, 2019, the Defendant sent the Plaintiff a Kakao Stockholm message to the effect that, “as it was harmful to the quality of brooms because the elevator works were damaged,” the Plaintiff sent around November 28, 2019.

Plaintiff’s assertion

According to the Management of Multi-Family Housing Act, where the management of multi-family housing is entrusted to a housing management company, the representative meeting of occupants or its members shall not interfere with the affairs of the management of multi-family housing unfairly, and the head of the management office shall not directly direct and supervise the execution affairs of the management office.

Nevertheless, the defendant, who is the representative of the D Apartment Residents' Representative Council, issued unfair business instructions such as copying the guard log to the plaintiff, who is the managing director, and cleaning the elevator.

Since the Plaintiff suffered mental loss due to the Defendant’s tort, the Defendant is obliged to pay the Plaintiff a solatium of KRW 5,000,000 and the delayed damages.

Judgment

Article 65 (1) of the Multi-Family Housing Management Act provides that a representative meeting of occupants and its members shall not interfere with the affairs of the head of the management office, and Article 14 (5) of the Enforcement Decree of the Multi-Family Housing Management Act (amended by Presidential Decree No. 30630, Apr. 24, 2020) provides that a representative meeting of occupants shall not unfairly interfere with the affairs of the head of the management office, and the representative meeting of occupants shall unfairly perform the affairs of the housing management office, such as personnel management