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(영문) 수원지방법원 2015.08.10 2013가단74062

손해배상(기)

Text

1. Defendant A’s management body: KRW 15,369,460 and the Plaintiff’s annual rate from May 1, 2014 to August 10, 2015.

Reasons

1. Facts of recognition;

A. On April 28, 2008, the Plaintiff entered into an entrustment contract for the building management (hereinafter “instant entrustment contract”) with the Defendant A management body (hereinafter “Defendant management body”) comprised of the sectional owners of the building A (hereinafter “Defendant A management body”) of Yeongdeungpo-gu, Young-si (hereinafter “instant building”). From May 1, 2008, the Plaintiff has performed the management work of the instant building from around May 1, 2008.

Article 2 (Entrustment of Management Right Contract) (1) The defendant management body shall entrust all the management affairs of the aggregate building to the contracting party for the contract period under Article 13, such as the details of this Agreement.

(2) Where one party fails to notify the cancellation of a contract in writing 30 days before the end of the contract period, the contract shall be deemed automatically extended: Provided, That where there is any changed matter, the changed matter shall be amended.

(1) Fees for one month: Fees for 4,080,449 won per month (1,300 won per month) separately. (2) The period for calculating fees: the period from the date the contract becomes effective to the expiration date of the contract period under Article 13 (Period of Contract) shall be the period from May 1, 2008 to April 30, 2010.

Article 14 (Termination of Contract) Where any of the following grounds arises, the defendant management body may terminate this contract:

1. Where a person causing serious damage to a sectional owner, etc. due to a cause attributable to the plaintiff concerning management expenses, etc.;

2. A light that it is deemed difficult to continue the management affairs due to the plaintiff's cause attributable to the management affairs.

3. Where, in the judgment of the defendant management body, the plaintiff requested correction and supplementation in respect of the management affairs, etc. not less than three times as the same matters to the plaintiff, but the plaintiff failed to correct it without good cause.

B. around August 17, 2012, Defendant management body appointed Defendant B as the manager of Defendant management body on July 15, 2012 by means of a written resolution of sectional owners around July 15, 2012, and the Plaintiff and Defendant management body.