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(영문) 서울동부지방법원 2017.11.03 2016가합3612
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization composed of representatives of occupants of Songpa-gu Seoul Metropolitan Government A Apartment (hereinafter “instant apartment”), and Defendant B is the former president of the Plaintiff.

On July 31, 2013, Defendant D is the representative director of E (hereinafter referred to as “E”) who is entrusted with various duties concerning the apartment of this case by the Plaintiff, and Defendant C is the head of the Living Support Center for the apartment of this case as an employee of E.

B. Around 2013, the Plaintiff, by opening a council of occupants’ representatives, passed a resolution to establish the emblem center within the instant apartment complex 1 and 2, and the Plaintiff selected F Co., Ltd. (hereinafter “F”) as the contractor following the bidding procedure.

C. On January 27, 2014, Defendant C, as the head of the Living Support Center for the instant apartment, concluded a contract with F to set the construction cost for the construction of the Fitice Center within the instant apartment complex (hereinafter “second complex construction”) from January 28, 2014 to May 11, 2014 during the construction period (including value-added tax; hereinafter the same shall apply) (hereinafter “two complex contract”).

F completed the construction of a complex on May 8, 2014, and the Plaintiff, from May 15, 2014, made it available to the occupants a two complex insignia center.

On August 8, 2014, Defendant C entered into a contract with F to set the construction cost of KRW 1,034,328,200 for the instant apartment complex (hereinafter referred to as “one complex construction”) as the construction cost (hereinafter referred to as “one complex contract”).

F was approved to use the 1 and 2 complexes center at the time of the failure to complete part of the complex construction on December 8, 2014, and around February 2015, the complex construction was suspended and completed at the site.

E. The Plaintiff: (a) the construction price for a complex construction project to F; (b) the advance payment of KRW 206,865,640 on August 12, 2014; (c) the first fixed payment of KRW 206,865,640 on September 3, 2014; (d) the second fixed payment of KRW 103,432,810 on November 4, 2014; and (e) the second fixed payment of KRW 103,432,810 on November 19, 2014.

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