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(영문) 창원지방법원진주지원 2019.06.13 2018가단35895
손해배상(기)
Text

1. The plaintiff's 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 organized by residents of Jinju-si A apartment (hereinafter "the apartment of this case") according to the Multi-Family Housing Management Act, and the defendant H is the head of the management office of the apartment of this case.

B. The Defendants (excluding Defendant H) were elected as representatives of the instant apartment buildings by Dong around 2014 (term of office: from August 1, 2014 to July 31, 2016); and from April 8, 2015, the Defendants worked as the Plaintiff’s officers as follows.

1) President: Defendant C3 director: Defendant D, E, F, G, and Nonparty I

C. On July 8, 2016, the Plaintiff announced the instant apartment construction project to select an enterprise for the cream repair and parts of the roof of the instant apartment (hereinafter “instant construction project”). On July 28, 2016, the Plaintiff entered into a contract with J (hereinafter “J”) (hereinafter “instant contract”), a successful bidder, and paid the down payment of KRW 22,496,760 to the business J.

After the expiration of the term of office on July 31, 2016, the Defendants (excluding Defendant H)’s representatives and executive officers by Dong were elected as the Plaintiff’s new president. However, the Plaintiff did not allow J to start the instant construction work.

E. 1) During the relevant case, while the J applied for a provisional injunction against obstruction of construction against the Plaintiff’s new representative K, it was dismissed by the J (JJ support 2016Kahap1035). 2) The J asserted against the Plaintiff, K, etc. that the Plaintiff, K, etc. could not implement the instant contract due to interference with the commencement of the instant construction, and filed a claim against the Plaintiff, K, etc. for damages equivalent to the performance interest, but the claim was dismissed by the J.

(G) The Plaintiff filed a lawsuit against J to claim the return of the down payment (J) but the Plaintiff’s claim was dismissed (Ginhae District Court 2018Gau102158). [The purport of the argument as a whole, is as follows: (a) acknowledged facts Gap 1, 2, 3, 7, 10 through 14; and (b) the purport of the entire pleadings.

2. The plaintiff's ground of claim

A. The instant contract is legitimate by the council of occupants' representatives.

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