logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2021.02.18 2019가단107343
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff is a council of occupants representative of the apartment complex in the Gu C (hereinafter “the apartment complex in this case”) in the Chang-si, Chang-si, which is composed of the apartment management law and the Enforcement Decree of the same Act.

B. Around January 2017, the Defendant, the president of the resident representative council, requested that “the water rate due to water leakage occurs due to water leakage in the retaining wall of the 1st basement parking lot and the retaining wall of the 2nd basement underground apartment building of this case, and the water rate due to water leakage increases.” The Defendant delayed the selection of the repair company even though all of the representatives agreed to the repair work, and the head of the management office did not repair the repair work properly until the urgent repair work was executed around September 25, 2017.

(c)

The Defendant’s negligence of neglecting water leakage repair construction caused the instant apartment occupants to pay the amount of KRW 28,806,750 (the amount calculated by deducting KRW 7,516,50 from the amount of KRW 36,323,30, a premium of KRW 36,320, a premium of KRW 7,516,550, a premium of KRW 36,320, a premium of KRW 36,323,300, a premium of KRW 23,045,40 (the amount calculated by applying the rate of negligence of KRW 80,750, a premium of KRW 28,806,750) and delayed damages to the Plaintiff.

2. The representative meeting of occupants organized pursuant to the provisions, such as the Management of Multi-Family Housing Act, has only management authority by determining and implementing matters concerning the management of multi-family housing, and even if so, the defendant's negligence to cause unnecessary damage to the occupants of the apartment of this case

Even if assumed, the claim for damages related to the water use fee shall be reverted to the residents who are the parties to the payment after receiving the water use fee (it shall be related even if the notice is issued in the name of the tenant representative meeting).

arrow