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(영문) 부산지방법원 2020.01.10 2019나53815
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff was a resident of Busan Southern-gu B apartment (hereinafter "the apartment of this case"), and the defendant is a council of occupants' representatives composed of the occupants of this case.

B. On November 24, 2018, the Plaintiff, while leaving the instant apartment C, spent KRW 100,000 at the expense of a ridge for directors.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant prohibited the Plaintiff from using an elevator for director and used a sridge, and the Plaintiff was bound to spend KRW 100,000 at the sridge’s expense. As such, the Defendant is liable for compensating the Plaintiff for damages incurred due to tort.

3. On the other hand, the evidence submitted by the Plaintiff alone cannot be deemed to have any error in prohibiting the Defendant from using an elevator for directors and demanding the use of a sridge. Thus, the first Plaintiff’s assertion on a different premise is without merit without further review.

4. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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