beta
(영문) 서울남부지방법원 2020.09.24 2018가단6727

건물관리비 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,397,152 to the Plaintiff (Counterclaim Defendant) and its amount from May 29, 2018 to September 24, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 21, 2010, the Plaintiff concluded a service contract between the company that conducts the building management and management agency business, and the prosperity president of the building of the building of the Dong-gu Seoul Special Metropolitan City (hereinafter “instant building”) with respect to the management affairs of the instant building from June 22, 2010 to June 21, 2012 (hereinafter “the first service contract”). As to the management affairs of the instant building, the Plaintiff concluded a service contract with the service cost of KRW 4,880,70 (1,683, average management fee of KRW 2,90) (hereinafter “the first service contract”) and performed the collection and management affairs of the instant building.

B. On March 1, 2014, the Plaintiff concluded a service contract (hereinafter “instant contract”) with D on the following grounds: (a) the term of the contract from March 1, 2014 to February 29, 2017; and (b) the service cost of KRW 5,385,600 (3,200 for the ordinary management fee) (hereinafter “instant contract”).

Article 3 (Contract Term and Contract Price)

1. The term of contract shall be from March 1, 2014 to February 29, 2017;

2. This Agreement shall be automatically extended for a period of 3 years without notice of the written cancellation of the contract by Party A (Defendant) not later than 30 days before the expiry of the contract.

(Provided, That the proceeds of the service contract may be adjusted under mutual consultation with A and B) Article 8 (Termination of the contract)

1. When he/she is declared bankrupt or files a petition for bankruptcy;

2. Where he/she is subject to a disposition to cancel permission.

3. Where a person who causes a serious damage to a Eul who intentionally causes an accident or act, as referred to in Article 9.

7. B shall, in collecting common charges (electric charges, water charges, etc.), collect late fees to resolve damage caused by the place of business in which the payment of management expenses is overdue, and may exercise pressures, such as power failure and fractional power, against long-term delinquent taxpayers through consultation with the representative of the prosperity conference.

C. The main contents of the instant contract are as follows.

E became the prosperity chairperson of the instant building around March 2017, and on February 1, 2018, the assembly of the management body of the sectional owners of the instant building (hereinafter “instant management body assembly”) was held.

(e).