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(영문) 서울중앙지방법원 2015.05.15 2014가합567607

채무부존재확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is the management body of Espblutel officetels (hereinafter “instant building”), which is an aggregate building of 241-3 and four lots of land, Gangnam-gu, Seoul, and the Defendant is a company that concludes a general management service contract with the Plaintiff and performs the building management business.

On July 1, 2011, from August 1, 201, to July 31, 2016, the Plaintiff and the Defendant entered into a comprehensive building management service contract (hereinafter “instant service contract”) with the Defendant to perform the business of maintaining and managing the instant building, including the management and expenses of the instant building and appurtenant welfare facilities, cleaning, and the imposition and collection of management expenses.

On November 23, 2012 and June 26, 2014, the Plaintiff notified the Defendant of the termination of the instant service contract on the ground of the violation of the instant service contract.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (the number of branch numbers is included; hereinafter the same shall apply), the argument of the purport of the whole pleadings, and the plaintiff's argument that the defendant, in accordance with the service contract of this case, has an obligation to report and settle the remaining amount after appropriating the service expenses from the management expenses collected from the occupants (occupiers) but did not perform them. Thus, the plaintiff terminated the service contract of this case on the ground of the defendant's violation of the above service contract.

Nevertheless, the Defendant asserted the validity of the instant service contract and performs the management work of the instant building until now. As such, the Defendant sought confirmation as to whether there is no obligation of the Plaintiff under the instant service contract, such as the purport of the instant claim, and sought the order of the disaster prevention room currently being used by the Defendant as the management office.

Judgment

This case's service contract, such as the defendant's failure to perform the duty to report and settle management expenses.