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(영문) 수원지방법원 2020.03.11 2018가단546197

관리용역비 등 청구의 소

Text

1. Defendant B’s management body: (a) KRW 5,674,175 on the Plaintiff and 6% per annum from October 13, 2018 to March 11, 2020 on the Plaintiff.

Reasons

1. Basic facts

A. Hanam-si B (hereinafter “instant building”) is an aggregate building.

B. The Plaintiff is a company that managed the building of this case.

Defendant B management body (hereinafter “Defendant B management body”) is a management body consisting of all sectional owners of the instant building. Defendant C is a former representative of the Defendant management body (amended to G at the general meeting of the management body on September 15, 2018), Defendant D Co., Ltd. (hereinafter “Defendant D”) concluded an entrusted management contract on the instant building with Defendant management body, Defendant E is a management director of Defendant D’s management department, and Defendant F is a managing director employed by Defendant D.

C. H Co., Ltd. (hereinafter “H”) is the executor of the instant building.

On April 1, 2016, the Plaintiff concluded a management consignment agreement on the instant building (hereinafter “instant contract”) with H, setting the contract term from May 1, 2016 to April 30, 2019.

The contract of this case includes the following contents:

(A) The term “H and “B” is the Plaintiff). The term of management under this Agreement shall be three years from the date of commencement of the contract under Article 4 (Period of Management Contract).

Article 5 (Renewal of Contract) The term "A" shall be automatically extended for the same two years in the absence of written notification on the cancellation of contract or the renewal of contract two months before the expiration of the contract.

제11조(관리계약조건) ㈎ “을”이 “갑”으로부터 지급받는 관리용역비(일단관리비)는 월간 5,158,341원으로 한다.

㈏ 관리용역비(일반관리비)를 제외한 공과금 및 법정관리비, 제비용은 실비정산한다. 라.

On the other hand, H entered into a contract by the sales contract (hereinafter “instant sales contract”) containing the following contents with the sectional owners at the time of selling the instant building:

(A) “A” means H and “B”. Article 11 [Autonomous Management Committee] (1) “A” is temporary on the date of approval for use.