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(영문) 서울중앙지방법원 2018.09.11 2015가합570013

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a commercial building in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) where approximately 5,300 merchants are running in approximately 16 divided stores in approximately 2,08 divided stores in approximately 16 Dong-dong, Jung-gu, Seoul (hereinafter “instant commercial building”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on November 27, 1961 as its main business of managing and preserving the instant commercial building, which is the opening date of the instant commercial building, and is engaged in the management of the instant commercial building until now. It is a superstore founder under Article 8(1) of the Distribution Industry Development Act and a market manager under Article 67 of the Special Act on the Development of Traditional Markets and Shopping Districts, and Defendant C is a representative director of the Defendant Co., Ltd. and is currently working for the Chairperson.

B. The Defendant Company imposed and collected management fees on the merchants of the instant commercial building. The management fees are classified into 13 items of general management expenses, cleaning expenses, water or mineral heating expenses, facility maintenance expenses, miscellaneous revenue, electricity charges, electric utility charges, joint electricity charges, TV receiving fees, heating and cooling fees, heating and cooling expenses, heating and cooling maintenance expenses, publicity expenses, and value-added tax. 2) The management fees collected by the Defendant Company from the merchants of the instant commercial building from 2006 to 2014 as electricity fees and heating and cooling expenses are set forth in the table 1 below.

[Attachment 1] The details of the collection of management expenses (units: 2006 2007 2007 2008 20011 2012 2013 2014 968,198,198,126 98,410,394 965,217,998 1,017,063,0681,038,110,857 1,076,576,507,507,251,257, 157,968,2361,230,259,5731,5731,578,5731,578,208,208,205,205,2052,9616,637,6196,57,294,297,6196,5,27

C. The Defendant Company imposing electric charges of the Korea Electric Power Corporation shall be the commercial building of this case around August 20, 2014.