beta
(영문) 서울중앙지방법원 2016.04.14 2015가합531230

용역비

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In around 2002, Cheongju-si Co., Ltd., constructed and sold the commercial buildings of the fourth and nine stories above the ground (hereinafter “instant commercial buildings”) on the land of Cheongju-si, Cheongju-si, and opened it to the general public with the name “D” around February 2004.

B. The D Management Body (hereinafter “instant Management Body”) was established, consisting of all sectional owners, including the sectional owners of the unsold section of exclusive ownership at the time, due to the commencement of sale in lots and the occupancy of the instant commercial building.

C. On March 11, 2013, the Plaintiff, a company engaged in cleaning contract business, facility management business, etc., concluded the instant integrated shopping district management service contract with the instant management body (manager E) from April 1, 2013 to March 31, 2015, with the contract term of KRW 350 million, monthly service amount of KRW 108,602,00 (excluding value-added tax).

Although the contract period as above expired, the Plaintiff did not receive the above contract bond and the management service cost of 119,728,797 won for March 2015 from the instant management body. As to the instant management body, the Plaintiff applied for the payment order claiming payment of the contract bond of 350,000,000 won as the court 2014 tea6,63946, and the payment order of November 28, 2014, the payment order of which was issued on the payment order of 350,000,000 won to the Plaintiff, and 5% per annum from April 1, 2014 to the day of delivery of the original copy of the payment order, and 20% per annum from the next day to the day of full payment.

The service was made to the instant management body on December 4, 2014, and became final and conclusive on the 19th of the same month.

Then, upon the above payment order, the Plaintiff collected KRW 68,329,081, which is part of the management service cost for March 2015, upon receipt of a collection order for seizure and collection of claims against the Korean bank account of the management body of this case as Cheongju District Court 2015TTT17, and collected KRW 217,738,885 on January 23, 2015.

E. Meanwhile, Defendant A Co., Ltd. (hereinafter “Defendant Company”).