(영문) 서울동부지방법원 2015.09.25 2015나2951

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.09.25 2015나2951

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff's assertion

A. From October 1, 2004 to September 30, 2014, the Defendant served as the president of the council of occupants’ representatives comprised of the occupants of Songpa-gu Seoul apartment, Songpa-gu, Seoul. From April 2009, the Defendant concurrently served as the president of the said C apartment reconstruction promotion committee.

The plaintiff is the above C Apartment tenant.

B. The Defendant, without a resolution of the council of occupants’ representatives, ordered the head and two employees of the instant C Apartment Management Office to handle the duties of the Reconstruction Promotion Committee by 1.8 hours out of 8 hours per day.

C. Thus, the council of occupants' representatives should pay only the amount of 6.2 hours (8 hours-1.8 hours) which is the hours of the council of occupants' representatives during daily business hours with respect to benefits for two the head of the management office and two employees, but the defendant paid benefits for the total amount of eight hours per day to the head of the management office and two employees for 60 months from June 2009 to May 2014.

On the other hand, the rebuilding promotion committee paid 1.5 million won (80,000 won (40,000 won x 2) for monthly salary to the head of the management office and two employees of the management office during the above period. (e) According to Article 33 of the C Apartment Management Rules, the members of the council of occupants' representatives shall perform duties with due care as a good manager, and shall compensate for damages to the occupants, etc. due to intentional or gross negligence. In violation of the duties as the chairperson of the council of occupants' representatives, the defendant shall have the occupant bear 1.5 million won per month, which is the expenses of the rebuilding promotion committee, as management expenses for the period of 60 months. Thus, the plaintiff shall be liable to compensate for the amount corresponding to the ratio of the supplied area of the plaintiff to the total total floor area of the apartment house.

2. According to the fact-finding survey conducted by the Songpa-gu Office submitted by the Plaintiff at the trial, the Songpa-gu Office shall be notified of the fact-finding survey.

유사 판례

-수원지방법원 안양지원 2015.02.12 2014고정972

-광주지방법원 2015.11.05 2015고정596

-대전지방법원 2013.09.13 2013고정882

-서울서부지방법원 2019.05.01 2018고정1119

-청주지방법원 2015.01.13 2014고정675