용역비 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 25, 2009, the Plaintiff entered into a contract for maintenance and repair of the elevator “A” located in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City with Korea Management Co., Ltd., with the term “A” as “the contract period until June 30, 2014, and KRW 2310,000,000 for monthly remuneration.”
B. Since then, the D Service Association consisting of shop occupants, etc. in C1 to 3 and 5 to 9 commercial buildings was issued with identification numbers (E, No. 2-2) by the Deputy Director of the District Tax Office on July 6, 2009, and the Plaintiff entered into a comprehensive contract for elevator maintenance and repair with the F Service on October 22, 2009.
C. On December 22, 2009, the D Service Association changed its name to “H Operation Management Body,” and transferred its place of business to “B 1111-Dong 603, Seocheon-si, Seocheon-gu, Seoul, and 111-dong 1-dong 603 underground floor.”
(1) No. 1(d).
Since then, around March 27, 2012, the tenant, etc. in C2 and six commercial complexes were established independently from the H Operation Management Body, and around July 10, 2012, the tenant in C8 commercial complexes established the defendant (A management body, number: L, No. 3-2, No. 3-2, No. 1-2, No. 1-2).
E. On November 19, 2012, the Plaintiff entered into a comprehensive elevator maintenance contract with the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff’s assertion 1) The Defendant succeeded to the management part of the H Operation Management Body’s management function of the eight complex among the management function of the H Operation Management Body under the contractual relationship with the Plaintiff by functionally dividing it, and thereafter the H Operation Management Body did not continue to exist. As to the elevator of the eight complex building, the other party is a stock company, H Operation Management Body, or the Defendant, regardless of its change, the same maintenance and repair is conducted. Therefore, the Defendant is under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as “the Act”).