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(영문) 서울고등법원 2015.01.16 2013나66944

용역비

Text

1.The judgment of the first instance shall be modified as follows:

Defendant A's Family Management Body is 144,861,787 won and this.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of managing multi-family housing, and the Defendant A Sang-si Management Body (hereinafter “Defendant A Management Body”) is a management body established by all sectional owners, who are the three underground floors located in Bupyeong-gu Incheon Metropolitan City and the six-story aggregate buildings on the ground (hereinafter “instant building”), pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the Defendant Jindo-si Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a sectional owner of the fourth and fifth floors of the instant building.

B. On August 7, 2007, the Plaintiff entered into an entrustment contract for the management of the building of this case with gold glass Co., Ltd., the project undertaker of the instant new building, with the content that the Plaintiff would provide management services of the instant building from November 30, 2007 to October 30, 2012.

C. After that, upon the establishment of the Defendant Management Body, the Plaintiff entered into a contract for the comprehensive management of buildings (hereinafter “instant contract”) with the Defendant Management Body on April 7, 2009, with the purport that the Plaintiff provided management services of the instant building from May 1, 2009 to October 31, 2012, and that the Plaintiff would take charge of the imposition and collection of management fees for sectional owners (hereinafter “instant contract”).

At the time of the contract of this case, the defendant management body agreed to settle and pay the expenses incurred in the management of the building of this case (such as repair and maintenance expenses, special repair expenses, electricity charges, water supply charges, elevator management agency expenses, fire-fighting system inspection expenses, disinfection expenses, water tank cleaning expenses, etc.) in addition to limited personnel expenses to 12,796,202 won per month (excluding value-added tax), and the overdue interest on unpaid service expenses and management expenses was set at 2.5% per month.

The Plaintiff, from May 1, 2009 under the instant contract, managed the instant building from around May 1, 2009, and the Defendant Management Body notified the Plaintiff of the termination of the said contract on April 27, 2010.

Accordingly, on May 3, 2010, the Plaintiff managed the instant building.