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(영문) 부산지방법원 2016.12.01 2016가단39954

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole as to the entries in Gap evidence 1, 5, and Eul evidence 1. A. The whole purport of the pleadings:

Around 2015, the Defendant entered into a contract (hereinafter “instant consignment management contract”) under which the management of the Changwon-si B apartment complex (seven Dong-dong 1,915 households; hereinafter “instant apartment complex”) was outsourced with the Changwon-si, Yongsan-gu, Seoul (hereinafter “instant apartment complex”). According to Article 3 Subparag. 2 of the contract, the duties to be performed by the Defendant include “maintenance and repair of incidental facilities and welfare facilities for common use of multi-family housing” and “execution of matters to ensure the smooth maintenance of common life and the creation of a pleasant residential environment for the occupants.”

Section 2. (Purpose of this Agreement) The purpose of this Agreement is to donate to the management office without compensation the goods required by the management office when the Plaintiff (Plaintiff) moves in with the permission of the Defendant (Defendant) and to delegate the installation, management, etc. of advertisements using convenience facilities necessary to promote the convenience of the residents in the complex and to enhance the efficiency of management (hereinafter referred to as “advertisement facilities”) and to verify that the parties concerned are to perform it in good faith.

Article 3 (Subject Matter of Contract) The subject matter of this contract shall be as set aside separately.

Article 4 (Place and Quantity of Installation) In determining the installation of advertising facilities in A's apartment complex, the items and quantity specified in Article 3 above shall be installed at the location agreed upon by both parties.

(Provided, That it may be changed depending on the circumstances only. (Period of installation and contract) Article 5 (Period of Installation and Contract) is one year from the date of installation of internal advertising facilities of an elevator.

Article 7 (Management of Advertising Facilities and Installation and Management of Main Advertising Facilities A/S) shall be carried out, and Eul shall be corrected immediately when any defect occurs.

A shall actively cooperate to maintain the installation of advertising facilities in B.

The place where the item is installed is "Maok".