beta
(영문) 서울동부지방법원 2019.04.26 2018가단131019

관리비

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the party is a corporation that is engaged in multi-family housing management business, etc., and D (hereinafter “D”) is the project implementer and seller of the building in Pyeongtaek-gun, Gangwon-do (hereinafter “instant hotel building”).

The defendant is the owner of 84 guest rooms among the hotel buildings of this case.

B. On May 23, 2016, D entered into a contract management agreement on the instant hotel building and the said contract on the management of the said hotel building, with the term of contract from November 25, 2016 to November 24, 2018, under which D entered into a contract with the Plaintiff to entrust all of the management affairs, including the maintenance, repair, and safety management affairs of the instant hotel building and its appurtenant facilities, and the imposition of management expenses, on behalf of the Plaintiff. (2) After May 31, 2016, D entered into the contract on the management of the instant hotel building with the Plaintiff, setting the term of contract for the overall operation and management of the instant hotel building for seven years from the commencement date of business to the Plaintiff.

Article 12 of the above contract provides that if there is a mutual agreement between the plaintiff and D, part of the work may be re-entrusted to a third party.

C. Re-entrustment of the entrusted operation management duties is 1) Plaintiff, D, and F Co., Ltd. (hereinafter “F”).

the 2017 that was entered into between the Plaintiff and D.

B. As to the above contract for entrusted operation and management, the Plaintiff’s business based on the above contract shall be re-entrusted to F. The Plaintiff’s responsibilities and authority shall be succeeded to F. In accordance with the above contract, F shall claim service costs and entrusted operation fees and pay D.

“.” On the other hand, F entered into an agreement with respect to the operation of the hotel of this case (hereinafter referred to as “G”) around the date of 2017.

The operation and management of the hotel of this case shall be conducted in the name of G, but the F shall be substantially entrusted.