logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.06.23 2016가단105320
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a council of occupants' representatives comprised of the sectional owners and tenants of Songpa-gu Seoul Metropolitan Government A apartment (hereinafter "occupants") constructed in the 1990s, and the Defendant entered into a contract for the entrusted management of the instant apartment (hereinafter "management contract") with the Plaintiff on August 1, 2010 and is currently performing the management of the instant apartment.

B. Water supply pipes, which are supplied to the apartment of this case, laid underground on the ground, shall reach about 40 meters from the entrance of the apartment to the wall surface of the underground room. The section from the entrance of the apartment, approximately 35 meters from the entrance of the apartment, consisting of main iron pipes, and about 5 meters from the remaining five meters, as stero rental pipes.

C. On June 23, 2015, the leakage on the ground surface, d. 102, Dong 102 apartment of this case, was discovered. On June 24, 2015, a diagnosis was conducted that water leakage has occurred from water supply main pipes of the apartment of this case as a result of a on-site inspection conducted by a water leakage detection business.

On June 25, 2015, the Plaintiff: (a) opened an extraordinary meeting on June 25, 2015, and decided to implement water leakage restoration works under a private contract; (b) on June 27, 2015, the Plaintiff, at the slope of entrance of 1-2 dong 1-2 dong 24, called “the primary construction works for water leakage (hereinafter referred to as “the primary construction works”) connected with the main steel pipeline in front of stairs, but confirmed the fact that additional water leakage is being occurring at other places.

On June 29, 2015, the Plaintiff, as a result of holding an extraordinary meeting again on June 29, 2015, discussed whether only the additional part should be built, decided to proceed with the entire replacement of the main pipe, but to select the public corporation through an open competitive bid.

E. Accordingly, even though the Defendant announced a public announcement on June 30, 2015 and July 17, 2015, the tender was invalidated due to the lack of participating enterprises. The Plaintiff again held an extraordinary meeting on July 28, 2015, but the term of office of the officers of the 18th council of occupants’ representatives was July 31, 2015, and therefore, the agenda for the replacement of the main steel pipeline for waterworks to the 19th council of occupants’ representatives.

arrow