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(영문) 서울중앙지방법원 2015.05.28 2014가단5215645
손해배상(기)
Text

1. The Defendant: (a) KRW 500,000 to the Intervenor succeeding to the Plaintiff, as well as 5% per annum from June 30, 2013 to May 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff Goam Co., Ltd. (hereinafter “Plaintiff”) concluded a management consignment agreement with the Plaintiff’s succeeding Intervenor on the building B (hereinafter “instant building”) during Ansan-si and the Plaintiff’s succeeding Intervenor, and is a controlled entity that performs the management work thereof.

Plaintiff

A is the Director of the Management Office of the instant building as an employee of the Plaintiff Company.

The defendant is the lessee of the 10th floor of the building of this case.

B. On June 28, 2013, the Defendant asserted that he was designated as the president acting as the representative of the occupant of the instant building by proxy, and instructed the E (the staff of the KFT, Co., Ltd., Ltd., which entered into a management services contract with the Defendant on the instant building) to the effect that “he heating 쇠 repair shop is unsatched and opened the entrance of the management office on the first floor of the instant building.”

around 07:00 on June 30, 2013, the Defendant and E newly acquired the right to manage the instant building to the Plaintiff, etc., along with the management office located on the first floor of the instant building. On the other hand, the Defendant and E had the key repairer, who was waiting under a prior instruction from the Defendant, damaged the entrance lock system of the management office, and infringed upon the management office managed by the Plaintiff A by entering into the management office.

(hereinafter “instant tort”). C.

On January 23, 2015, the Defendant was sentenced to a fine of KRW 1,00,000 for a violation of the Punishment of Violences, etc. Act (joint residence intrusion) in relation to the instant illegal act under the jurisdiction of Suwon District Court Decision 2014MaMa286, the Defendant currently appealed.

On March 17, 2014, the Plaintiffs transferred the claim for damages arising from the instant tort against the Defendant to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of the claim on the same day.

[Reasons for Recognition: Evidence No. 2, Evidence No. 4-1, 2, Evidence No. 11, Evidence No. 12-1, 2, and Evidence No. 20

2. Determination

A. The plaintiffs and.

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