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(영문) 수원지방법원 성남지원 2018.07.03 2016가합202868
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives consisting of 1,651 residents of the unit A apartment in Seongbuk-gu, Sungnam-si (hereinafter "the apartment of this case"). The defendant B Co., Ltd. (hereinafter "the defendant company") entered into an entrusted management contract with the plaintiff regarding the apartment of this case, and the defendant C was an employee of the defendant company as the head of the management office of the apartment of this case.

B. On July 21, 2014, the Plaintiff concluded an entrusted management contract with the Defendant Company regarding the instant apartment with the content of entrusting the maintenance, repair, and safety management of the common areas of multi-family housing from October 1, 2014 to September 30, 2017.

C. On June 22, 2015, with the consent of 12 occupants’ representatives, the Plaintiff resolved that “the replacement and repair of old elevators pursuant to the instant multi-family housing repair plan shall be conducted in accordance with partial remodeling operations in consideration of the reduction of the rate of failure, the improvement of boarding, the enhancement of the cost of supplying parts, the reduction of cost, the facilitation of maintenance and repair, etc., and the implementation of open competitive restriction tendering.”

At the time of the plaintiff's representative D announced the announcement of the announcement on the repair and partial replacement of elevators on July 25, 2015.

In addition, on July 27, 2015, the Plaintiff held the site site consultation committee, and on August 6, 2015, after receiving a tender from four companies on tender on August 10, 2015, the Plaintiff selected E Co., Ltd. (hereinafter “E”) as a successful bidder (hereinafter “instant bidding”), and decided to conduct an open competitive bidding as soon as possible in order to select a supervisory company for the repair of the instant apartment and the partial replacement of the instant apartment.

E. The Plaintiff’s contract amounting to KRW 472,230,00 (including value-added tax) between E and August 17, 2015, and the construction period from August 17, 2015 to November 30, 2015, provides that the instant elevator repair and partial replacement construction contract for the instant apartment (hereinafter “instant construction contract”) shall be the same.

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