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(영문) 인천지방법원 2017.05.25 2016가합55581

계약해지효력무효확인청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of housing management business, etc., and the Defendant is an autonomous deliberative body consisting of ten representatives for each building in order to determine important matters concerning the management on behalf of the 7 occupants of the Seocho-gu Incheon Metropolitan City Seocho-ro 157 Seocho-ro Apartment Apartment apartment (hereinafter “instant apartment”).

on September 12, 2014, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the management of the instant apartment units, their incidental facilities, and welfare facilities from November 1, 2014 to October 31, 2017, with the term of contract fixed and entrusted as KRW 283,855 (excluding value-added tax) per month (hereinafter referred to as “instant management contract”). In relation to the termination of the said management contract, the said management contract entered into by the Plaintiff and the Defendant as follows:

Article 13 (Termination of Contract) (1) A and B may terminate the contract in any of the following cases, and may claim damages for such termination:

1. When he/she prepares and submits false documents concerning his/her financial status, housing managers, technical human resources, equipment, etc.;

2. Where Eul concludes a contract by illegal means, such as offering money and valuables, etc.

3. Where Eul is revoked, or all or part of his business (limited to the collective housing of Eul) is suspended;

4. When Gap or Eul has failed to perform the contract without any special reason. (2) When the unilateral contract of Gap or Eul is terminated except for the reasons referred to in paragraph (1), the amount equivalent to the entrusted management fees for the remaining contract period shall be paid to Gap or Eul.

(3) Where A and B intend to terminate a contract under paragraph (1), they shall notify the other party of the details thereof in writing 30 days before the termination of the contract.

B. On June 24, 2016, the Defendant decided to terminate the instant management contract pursuant to Articles 25 and 27 of the Management Rules.