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(영문) 대전지방법원 2020.10.15 2019가단110046

손해배상(기)

Text

The defendant's KRW 10,979,104 to the plaintiff and KRW 5% per annum from April 19, 2019 to October 15, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 30, 2018, the Defendant: (a) decided to entrust the Plaintiff with the management of the Seo-gu Daejeon Building B (hereinafter “instant building”); and (b) the Plaintiff and the Defendant concluded an entrustment contract for the management of the instant building (hereinafter “instant management contract”); and (c) details relating to the instant case are as follows.

(1) This contract shall be from May 1, 2018 to April 30, 2021 (36 months).

③ At the time of the conclusion of this contract, even if the representative of the defendant has changed within the contract period, this contract shall be automatically succeeded.

Article 3 (Service Charges) (1) The defendant shall pay to the plaintiff at the last day of each month the contract amount concluded according to the following types of contracts:

The amount of value-added tax on the aggregate of the amount of value-added tax on the consignment management contract (tax exemption) for each type of contract shall be KRW 7,723,700,723,700,176,130,130,19,427,427,430,176,130,130,276,130,27,151,130,27,130, in performing the duties under the following subparagraphs on behalf of the defendant, the plaintiff shall comply with relevant statutes and fulfill his/her care and duty as a good manager:

(7) Article 5 (Prohibition of Re-Delegation, etc.) The plaintiff shall not delegate this management affairs to a third party, nor transfer all the rights and obligations arising under this Agreement to a third party or make it an object of security.

Provided, That the following matters may be delegated to a third party, and all the required expenses shall be borne by the defendant or occupant:

(4) Article 13 (Termination of Contracts) (1) Where the defendant or the plaintiff neglects to fulfill his/her obligations stipulated in this contract, he/she shall notify the other party of the correction within a specified period and fails to perform his/her obligations within the specified period.