부당이득금
1. The Defendant’s KRW 326,231,116 as well as the Plaintiff’s annual rate from November 15, 2017 to July 24, 2018.
1. Basic facts
A. From December 2002, the Plaintiff provided building management services to the “B” located in Seongbuk-gu, Sungnam-si, Sungnam-si, which is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”). The Defendant is a management body comprised of sectional owners of the instant building pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings.
B. Around December 2002, the Plaintiff (formerly: D Co., Ltd.) entered into a service contract with E (hereinafter “E”) on the management of the instant building, which is the maximum right holder of the instant building, and its main contents are as follows.
A contract for comprehensive building management services (entrusted) E and the plaintiff shall be concluded as follows:
Article 1 (Subject Matter of Contracts)
1. Name of the building: B;
2. Location: The scope of duties performed by the plaintiff under Article 2 (Terms of Contracts) of the Subdivision-gu, Seongbuk-gu, Sungnam-si, as facilities for common use within the scope of Article 1, the contents of duties are as follows:
1. Facility management: Operation, repair and management of the whole of machinery, electric facilities and ancillary facilities in a building;
2. Sanitary control: Overall cleaning and environmental control inside and outside the building;
3. Guard management: Prevention of infringement or destruction of sites and buildings, management of accidents, such as fire and theft, etc., and protection of human lives and property when such disasters occur;
4. Parking management: Parking-related services and all other services incidental thereto (excluding parking lots for business use);
C. On September 23, 2005, the above service contract was renewed by the time of August 2005, and the management business regarding a parking lot for business purposes was included in the scope of the plaintiff's business among the management business affairs, such as the calculation of management expenses, notification, imposition, collection, and settlement of accounts for execution, etc., and the contract term is from September 1, 2005 to August 31, 2006.
except that this contract shall not be later than one month prior to the expiration of the contract term.