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(영문) 서울중앙지방법원 2016.06.15 2016나15340
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff served as an auditor of the Dongjak-gu Seoul Metropolitan Government F apartment (hereinafter “instant apartment”) on August 4, 2014, and resigned on August 4, 2014. The Selected C participated in the following resolution, public announcement, and posting as the president of the said council of occupants’ representatives, the Appointed D, and the above director of the said council of occupants’ representatives, and the Defendant as the head of the said

B. On October 24, 2013, the members of the council of occupants' representatives of the instant apartment complex held a meeting on October 24, 2013, and discussed about the construction of the pro rata film to construct the instant apartment complex, and as a result, the company “G” (representative I) that the Plaintiff introduced was selected as the construction company, and jointly purchased the pro rata film from the above company, but the decision was made to comply with the intention of each occupant.

Since then, the above construction company visited each household in order to confirm whether it wishes to execute construction, and then, the contractor has ordered the off-line film construction to the desired household.

C. On June 12, 2014, after the completion of the said construction work, the Defendant called “I, by phone, saying “The construction cost was reduced by 50% from the ordinary construction cost for another household, and caused the Plaintiff’s above-mentioned blocking film construction work to the Plaintiff’s household.” On the ground that the Plaintiff’s act constitutes “Article 20(1)7 of the Management Rules of the instant apartment complex (when an officer demands or receives money from a housing management operator, construction service provider, or service provider)”, “A request for dismissal of audit” of the agenda on July 29, 2014; “The case of a request for temporary inspection of the Plaintiff’s representative”; “6:30:00 p.m. August 1, 2014, the Defendant publicly announced the opening of a special meeting of occupants’ representatives as stipulated in “5 members, other than the representative of the commercial building and the Plaintiff,” and “AD and auditor’s request for the dismissal of the Plaintiff’s representative meeting.”

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