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(영문) 대구지방법원 2015.10.28 2014나21777
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2012, the Plaintiff was selected as the council of occupants’ representatives consisting of representatives from each Dong of North-gu apartment C (hereinafter “instant apartment”), and M was the president of the Plaintiff’s representative.

The parts relating to this case of the Plaintiff’s management rules are as follows:

Article 53 [Liability and Duty of Managing Body] of the Management Rules (Evidence A No. 4) (1) The Managing Body shall have the responsibility and duty to enforce its duties as a good manager.

(2) Where any management authority and its employees have inflicted damage on occupants, etc. or any third party by intention or negligence in connection with their duties, they shall be liable to compensate for such damage.

Article 54 (Education on Duties, etc.) The council of occupants' representatives and the management entity shall support the representatives of each Dong, the heads of the management offices, and management personnel to receive legal education, on-the-job education conducted by specialized institutions, and community life revitalization education.

Article 59-1 [Purpose and Procedure for Use of Inspection Agency Allowances] (1) Various inspection agency allowances shall be deposited into the management expenses receipt passbook, and shall be used for the purpose and procedure determined by the council of occupants' representatives.

(2) An allowance for inspection by proxy before deposit in the management expenses passbook shall be opened and transferred in full by the council of occupants' representatives (a seal imprint shall be affixed to a manager), and shall be used for the welfare expenses of employees of the management office only for the following purposes, and shall not be paid in duplicate from the management expenses:

1. Expenses for the purchase of field meals for the party; and

2. Expenses incurred by management personnel to purchase food materials and subsidiary materials;

3. Meal stand for an extended worker;

4. Expenses for simple meals by special workers;

5. Expenses for meal service for employees;

6. The border investigation expenses for employees from 7. to 10. omitted.

B. Before the Plaintiff is organized, the Grandmark Co., Ltd., a construction company that implemented the apartment in this case, managed the apartment in this case as a project undertaker, and entrusted the management affairs of the apartment in this case to the Construction Co., Ltd., and the Dispute Resolution Co., Ltd.

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