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(영문) 서울중앙지방법원 2015.05.15 2014나30437
손해배상 등 청구의 소
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. Basic facts

A. On September 201, the Plaintiff was entrusted by the council of occupants’ representatives in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”) (hereinafter “instant council of occupants’ representatives”) with the collection of management and management expenses of multi-family housing.

B. Around March 2011, Defendant A entered into an employment contract with the Plaintiff to work as the head of the instant apartment management office. At the time of the contract, Defendant A agreed to compensate the Plaintiff for damages caused by Defendant A’s intentional or gross negligence.

C. From August 201 to January 31, 2012, Defendant B was the head of the instant apartment guard group. Defendant B was the head of the instant apartment building, and the construction business registration was completed on August 16, 201 with the trade name “D”.

On November 29, 2011, Defendant A contracted the construction of soundproof walls of the instant apartment (hereinafter “instant construction”) to Defendant B as the construction period from November 29, 201 to December 31, 201, and the construction cost of KRW 51 million (including value-added tax).

E. Although the instant construction was completed on December 26, 2011, some of the instant apartment residents filed a civil petition with the president of the instant council of occupants’ representatives, such as “No soundproofing effect exists due to the construction of a soundproof wall, the upper part of which was constructed was constructed by a wooden wave, and the cost of the steel scrap support is not solid,” against the president of the instant council of occupants’ representatives. On August 2012, 2012, the Plaintiff filed a civil petition with the Gwanak-gu Office, a competent administrative agency, to which the Gwanak-gu Office received public subsidies (25 million won).”

F. The public official in charge of the Gwanak-gu Office finds that the gap between soundproof walls is two meters in the design drawings submitted to the original Gu office at intervals of two meters, but at intervals of three meters. On August 29, 2012, the public official in charge of the office of Gwanak-gu Office ordered the Defendant A to submit the contract specifications, unit price, and unit price calculation basis, etc., but the pertinent documents are not submitted.

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