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(영문) 서울동부지방법원 2019.10.18 2018나29834
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 6, 2016, the Plaintiff filed an application against the Defendant for provisional disposition of copying data (hereinafter “instant provisional disposition order”) with the effect that “The Defendant shall allow the Plaintiff to peruse and copy the documents of this case within seven days from the date of service of this decision, a notice of implementation of heating costs correction plans, a notice of performance of heating costs correction orders, a final notification of execution of final administrative disposition, and a notice of the result of final administrative disposition (hereinafter “instant four documents”)” (hereinafter “instant provisional disposition order”).

B. The Plaintiff filed a lawsuit against the Defendant seeking confirmation of non-existence of KRW 2,189,650 for heating expense liability 2,189,650, and the Defendant filed a counterclaim seeking heating expense 2,189,650, but on April 29, 2019, the Plaintiff dismissed the Plaintiff’s claim and was sentenced to a judgment citing the Defendant’s counterclaim on the ground that “the Defendant’s imposition of KRW 2,189,650 as an additional share in heating expense on March 3, 2015 by applying the Plaintiff’s average heating expense under Article 47-1(5) of the Management Rules to the Plaintiff who rejected the Defendant’s inspection of the flow meter without installing a replacement of the heating meter.”

(Court 2015da29054 main lawsuit, 2017Gadan6390). Regarding the above judgment, the plaintiff appealed and is pending in the appellate trial.

(Court, 2019Na24218, 2019Na24225).

The Plaintiff filed a lawsuit against the Defendant seeking confirmation of non-existence of KRW 2,00,000 due to the refusal to replace the heating measuring apparatus. The Defendant brought a counterclaim seeking KRW 2,00,000 against this, but the Defendant filed a counterclaim to seek a penalty of KRW 2,00,000, and on October 5, 2018, the Plaintiff dismissed the Plaintiff’s claim and was sentenced to a judgment citing the Defendant’s counterclaim on the ground that “the imposition of the penalty against the Plaintiff pursuant to Article 47-1(8) and (9) of the Management Rules

(This Court's 2015da306 Main Lawsuit, 2017Gadan114383 counterclaim). The plaintiff appealed against the above judgment and the appellate court's lawsuit is filed.

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