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(영문) 수원지방법원안산지원 2016.07.07 2015가합22493

추심금

Text

1. The Defendant’s KRW 9,89,100 as well as 5% per annum from January 29, 2015 to July 7, 2016 to the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a company that operates multi-family housing management business, etc. between the plaintiff, gold glass corporation, Incheon Telecommunications Corporation, etc.

On August 7, 2007, the Plaintiff entered into the first consignment management contract with the Geumsung Corporation (hereinafter referred to as the “gold glass”) which is the main agent of the new construction of the building for the Bupyeong-gu Incheon Bupyeong-gu A commercial building (hereinafter referred to as the “the entire building of this case”).

Accordingly, the Plaintiff managed the entire building of this case from January 2008 to April 2009.

Upon the establishment of a management body in the entire building of this case, the Plaintiff entered into a secondary entrusted management contract with the management body on April 7, 2009 to manage the entire building of this case, and was delegated by the management body to collect management expenses for sectional owners.

Accordingly, from May 1, 2009 to May 3, 2010, the Plaintiff managed the entire building of this case.

After that, the management body, while self-management of the entire building of this case, entered into an entrusted management contract with the wingler shopping mall Co., Ltd. on October 17, 2012.

On May 2010, the Plaintiff filed a lawsuit seeking the payment of management expenses under the second consignment management contract against the sectional owners, including Geumsung and Incheon Telecommunications Co., Ltd. (hereinafter referred to as “Incheon Telecommunications”), around May 2010 when the second consignment management contract was terminated.

(Seoul Southern District Court 2010Gahap9413). On January 2012, the above court sentenced that the first consignment management contract was concluded between the plaintiff and the gold glass, and that the plaintiff did not have been entrusted with the right to collect management expenses for sectional owners from gold glass, the court ordered the plaintiff to pay the service cost of 178,889,746 won and delay damages for the management of the entire building of this case from January 2008 to April 2009.

On the other hand, the second consignment management contract is the plaintiff.