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(영문) 광주지방법원 2015.11.25 2014가단526477
손해배상(기)
Text

1. The plaintiff's respective claims are dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following facts: Gap evidence 1-1-4, Gap evidence 2-3-1-5, Gap evidence 10-1-1-1-19, Eul evidence 8-1-2, Eul evidence 15-2, and the whole purport of arguments.

The plaintiff is the council of occupants' representatives consisting of representatives from each Dong apartment located in Naju-si D, and the defendant B served as the chairperson of the plaintiff from December 11, 2007 to December 17, 201, and as vice-chairperson of the plaintiff from the next day to December 17, 201.

B. On December 4, 2006, the Croc harassment management corporation (hereinafter “Coul management corporation”) concluded a consignment management contract with the Plaintiff on the said apartment, which was constituted by the Plaintiff, on January 29, 2008, the said consignment management contract was concluded again with the Plaintiff on December 4, 2006.

C. On January 16, 2009, the Plaintiff notified that the management contract should be terminated to the KOEA.

Accordingly, on March 11, 2009, the KO2 filed a lawsuit claiming damages against the plaintiff with the Gwangju District Court, and the plaintiff also filed a counterclaim on August 26, 2009.

On June 24, 2011, the Gwangju District Court rendered a judgment to accept KRW 49,432,410 out of KRW 61,790,513, and to accept KRW 1,582,00 out of KRW 56,896,173.

[209Gahap937 (Mains), 2009Gahap9944 (Counterclaim)] The plaintiff appealed, and the Gwangju High Court rendered a judgment to reduce the quoted amount to 30,895,256 won with respect to the claim of the principal lawsuit on May 18, 2012 and to additionally refer to 5,869,297 won with respect to the claim of the principal lawsuit on May 18, 2012.

[Attachment 201Na3656 (Main Office), 201Na3663 (Counterclaim). The Plaintiff appealed again, but the Supreme Court dismissed the above appeal on February 14, 2013.

[Attachment 2012Da53468 (principal lawsuit), 2012Da53475 (Counterclaim)] The Plaintiff spent a total of KRW 39,897,839 (hereinafter “instant litigation costs”) with respect to the said litigation procedures, etc.

2. Determination:

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