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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The fact that the Plaintiff is a non-corporate body representing the occupants of A apartment (hereinafter “instant apartment”), and the Defendant Mine Industry Co., Ltd. concluded an entrustment management contract with the Plaintiff and managed the instant apartment from June 1, 2009 to May 31, 2015, and the fact that Defendant B is a housing management operator who was affiliated with the Defendant Mine Industry Co., Ltd. and worked as the head of the management office of the instant apartment. There is no dispute between the parties.
2. The plaintiff's assertion
A. In the first place, the Defendants, as a good manager, have a contractual obligation to comply with the above consignment management contract, relevant Acts and subordinate statutes, and the rules on the management of apartments. However, on December 29, 2012, the Defendants voluntarily selected a cleaning service business entity without complying with the method of successful bid bid, and caused the Plaintiff to incur damages equivalent to KRW 20,067,840 ( KRW 836,160 per month x 24 months) where the contract price and the minimum bid price of the successful bidder are the difference between the successful bidder and the bid price of the successful bidder. ② Although the Defendants refused to pay KRW 505,00 per month in return for collection from 119, 200 per month after receiving a proposal to ensure that they would be paid KRW 105,00 per month from September 1, 2014 to April 31, 2015, thereby having Defendant C collect the instant apartment products free of charge, thereby having the Plaintiff be liable to compensate the Plaintiff for damages corresponding to each of KRW 40000,500.
B. Preliminary, Defendant B, above:
Inasmuch as Article 55-2 of the Housing Act (amended by Act No. 13474, Aug. 11, 2015) or Article 750 of the Civil Act, Defendant Mine Industry Co., Ltd., as Defendant B’s employer, is liable to compensate the Plaintiff for damages pursuant to Article 756 of the Civil Act.
3. A’s evidence Nos. 4 through 5.