The claim of the plaintiff (the appointed party) is dismissed.

Litigation costs shall be borne by the plaintiff (the appointed party).

Basic Facts

A. From July 1, 2014 to June 30, 2018, the Defendant is a person who was the chairperson of the residents' representative meeting of the Nam-gu Incheon Metropolitan City apartment housing C.

B. C Aggregate payment of KRW 67,925,00 for an advance payment of KRW 679,250,000 for an elevator replacement contract on April 13, 2013 (hereinafter “D”) and D Co., Ltd. (hereinafter “D”) concluded a contract for the replacement of an elevator. Within 10 days after the contract was concluded, the intermediate payment of KRW 271,70,000 for an intermediate payment of KRW 339,625,00 for a remaining 36 months after the completion of the secondary inspection.

(c)

From July 30, 2013, the elevator operation began, and the occupant representative meeting paid D the intermediate payment of KRW 271,700,000 and KRW 9,434,027 once out of the remainder of KRW 36 installments on March 7, 2014. On April 27, 2017, KRW 270,190,973 out of the remainder of KRW 60,000 and delayed damages of KRW 62,910,000.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 3, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff, as the chairperson of the occupants’ representative meeting, did not perform his/her duties and responsibilities as a good manager, caused damages to the occupants by executing 62,910,000 won unfairly from the long-term repair appropriation fund by delaying the payment of the replacement of the elevator construction cost, and thus, he/she is obliged to compensate for 62,910,000 won

B. The withholding of the payment of the remainder of the Defendant was determined by the resolution of the resident representative meeting, and it was the best choice to withhold the payment of the remainder in order to secure the performance of the obligation to repair defects of D.

Indirect damages such as infringement of the economic interests of the residents because the representative meeting of occupants bears excessive liabilities, do not constitute damages under Article 35 of the Civil Act.

3. Determination

A. The following facts are recognized in light of the respective descriptions of evidence (including branch numbers) of Nos. 2 through 4 and the purport of the entire pleadings of the facts of recognition:

by each date.