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(영문) 광주지방법원 2015.01.22 2013가합56145

계약금반환

Text

1. The plaintiff (Counterclaim defendant) shall have 21,362,00 won and this shall apply to the council of occupants' representatives of the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of dismantling non-building structures and collecting scrap iron. The council of occupants' representatives of the defendant is an organization organized by the occupants of the A apartment (11 Dong, 970 households, and hereinafter "the apartment of this case") constructed on the ground of the Naju City, which performs the duties of maintaining and managing the above apartment, and the defendant B is the head of the management office of the apartment of this case.

B. Around April 2013, the Defendant’s council of occupants’ representatives decided to change the heating method of the instant apartment from the central heating to the individual heating, and accordingly, Defendant B removed the previous central heating system and publicly notified the company to purchase the scrap metal on May 7, 2013.

Article 1 (Contract Amount and Contract Period): Amount of KRW 136,00,000 per day (136,000,000). (2) The contract period shall be from the commencement of the removal work after the conclusion of the contract to the completion of the removal work, and may be extended according to the conditions of the site.

Article 2 (Trade Products) Water supply pipes and fire-fighting pipes, in addition to the removed products which are considered to be waste, materials, and scrap metal (the boiler, pumps, hot water tank and heating pipes in the engine room: the steel pipes, hot water pipes, and hot water pipes: dong pipes), mutually agreed between the Plaintiff and the Defendants, shall be excluded.

Article 3 (Scope of Removal) (1) excluding water supply pipes and fire extinguishing pipes used, and all other pipes shall be removed.

The objects to be removed shall be removed from the inside pipes and boilers, pumps, hot water tanks, utility tunnels heating pipes, utility tunnels and entrance pipes, hot water pipes, sugar pipes, unnecessary water supply pipes, crossing supervision installed on the roof, and water tank surrounding the water tank, etc., which are marked in the drawing.

(2) The plant of the plant shall keep the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant.