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(영문) 인천지방법원 2017.07.07 2016가합52247

관리비

Text

1. The Defendant’s KRW 71,93,660 as well as the Plaintiff’s annual rate from April 22, 2016 to July 7, 2017, and the following.

Reasons

1. Basic facts

A. On January 1, 2011, the Plaintiff entered into a contract on the consignment of building facility management (hereinafter “instant contract”) with the Defendant to provide the management services of the Seo-gu Incheon Metropolitan Government Ground A shop (hereinafter “instant shop”), and the Defendant entered into an agreement on the consignment of building facility management (hereinafter “instant contract”) with the Plaintiff to pay the service cost of KRW 8,797,950 per month to the Plaintiff, and entered into an agreement on April 1, 2010 to retrospectively the effective date of the instant contract (Article 18 of the instant contract).

B. The Plaintiff collected management expenses from the sectional owners of the instant commercial building in accordance with the instant contract, and paid the electric charges, water charges, and electric safety management expenses, etc. of the instant commercial building (hereinafter “management expenses of the instant commercial building”).

C. Meanwhile, the management fees collected from the sectional owners are insufficient to pay the full amount of the management fees of the instant commercial building because some of the facilities of the instant commercial building were unsold, and the Defendant asked the Plaintiff to pay the insufficient part of the management fees of the instant commercial building directly. D.

From April 1, 2010 to April 31, 201, the management expenses of the commercial building of this case, which the Plaintiff paid directly at the request of the defendant, are 58,307,320 won.

E. On April 30, 2014, the Defendant declared that the instant contract will be terminated to the Plaintiff, and around that time, the instant contract was terminated.

F. The Defendant submitted a review report on the settlement of management expenses from May 1, 2011 to February 28, 2014, which was around the time of termination of the instant contract, from Samddong Accounting Corporation, on April 18, 2014, to February 28, 2014. On June 11, 2014, based on the review report, between the Plaintiff and the Plaintiff, the Defendant determined the management expenses of the instant commercial building that was not paid by the Defendant during the said period as KRW 31,047,765 (=total management expenses to be paid by the Defendant during the said period – KRW 727,129,536 - Total management expenses to be collected from the occupants during the said period: KRW 663,554,571 - Total management expenses to be collected from the occupants during the said period: electricity charges of KRW 23,94,400 - Water Rates of KRW 8,582,800).