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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. The plaintiff's assertion is a housing management operator entrusted with the management of the apartment of this case by the council of occupants' representatives of Bupyeong-gu Incheon Metropolitan Government B apartment (hereinafter "the apartment of this case").
The defendant, employed by the plaintiff and worked as the head of the management office of the apartment of this case, is obligated under the Housing Act or the labor contract to perform management duties with due care as a good manager.
However, the defendant, as the head of the apartment management office of this case, violated the duty of due care required under the Housing Act or the Labor Contract, such as entering into an equal repair and reconstruction contract with the amount exceeding the construction amount by type of work under the Long-Term Repair Plan, and thus, the bid was failed due to the reasons not stipulated in the relevant laws and regulations in the process of selecting the long-term repair construction company in 2012.
Accordingly, on September 7, 2016, the Plaintiff was imposed a fine for negligence on the grounds of the violation of the Housing Act, etc. by the Bupyeong-gu Office on the ground of the violation of the Housing Act, and was inflicted on October 4, 2016, thereby incurring losses from paying an administrative fine of KRW 2.4 million. As such, the Defendant is liable to pay the Plaintiff KRW 2.4 million as compensation for damages arising from tort or nonperformance of obligation
2. According to the overall purport of each statement and pleading of evidence Nos. 2 through 5, 7, 10, 12, 13, and 15 through 18 (including each number), the Plaintiff entered into an apartment housing management agreement with the council of occupants’ representatives of the instant apartment on December 22, 201, with the term of contract from January 17, 2012 to January 16, 2015, with the content of being entrusted with the management of the instant apartment as a result of being entrusted with the management of the instant apartment; ② the Defendant was employed by the Plaintiff on July 17, 2012 and served as the head of the instant apartment management office from around that time to July 22, 2013; ③ the instant apartment management agreement was concluded.