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(영문) 서울중앙지방법원 2015.11.24 2014가합47578

부당이득금반환

Text

1. The Defendant’s KRW 34,212,672 as well as the Plaintiff’s annual rate from November 20, 2014 to November 24, 2015.

Reasons

1. Basic facts

A. The status of the party is a company with the purpose of the service security business, building management business, etc., and the defendant is a management body comprised of sectional owners with 231 sectional ownership in Gangnam-gu Seoul Metropolitan Government, the second underground floor and the third ground floor A (which are composed of commercial buildings and exhibition halls; hereinafter “instant building”).

B. On June 25, 2003, D, at the meeting of the management body held on June 25, 2003, was appointed as the Defendant’s manager with the consent of the sectional owners holding 86 sectional ownership and with the consent of the sectional owners holding 56 sectional ownership. 2) On April 18, 2005, the sectional owners holding 179 sectional owners holding 179 sectional ownership, who were against D, made a resolution to appoint E as the manager with the consent of all members present.

3) D on June 30, 2005 between the Plaintiff and the Plaintiff on June 30, 2005 KRW 37,344,830 (including value-added tax; hereinafter the same shall apply) per month.

(2) The building management services contract of this case (hereinafter “instant contract”) is set from July 1, 2005 to June 30, 2007.

As a result, the Plaintiff entered into a contract. From July 1, 2005, 2005, 23 employees including 3 managers, 5 guards, 6 guards, and 9 U.S. dollars. In performing the management services of the building of this case. Around January 18, 2006, D demanded to reduce the management number on the ground of the internal event of D and the long-term delay of management expenses. Since March 1, 2006, D adjusted the service price to 21,780,830 won per month instead of reducing the number of inputs to 11.