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(영문) 의정부지방법원 2016.07.15 2015가단124194

용역비

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. The Plaintiff is a company established for the purpose of managing multi-family housing, etc., and Defendant A management body (hereinafter “Defendant A management body”) is a management body composed of sectional owners of a building A with the second and upper floors above B located in Yangyang-si, Nam-si, an aggregate building.

B. Around December 20, 2010, the Plaintiff entered into a management service agreement with Nonparty C, the owner of the instant building, on the instant building. The term of the contract was from January 1, 201 to December 31, 201. Since then, the Plaintiff and C had an implied renewal on the instant contract, and continued the instant building management business until December 2014.

C. Meanwhile, around September 2014, Defendant management body concluded a management service agreement with Defendant ABM Co., Ltd. (hereinafter “Defendant Company”) on the instant building.

On December 31, 2014, the Plaintiff and Defendant Company completed the transfer system on the instant building management affairs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. The Plaintiff’s assertion 1) The management services contract for the instant building concluded between the Plaintiff and the owner C was explicitly or implicitly succeeded to the Defendant management body. As such, the Defendant management body is obligated to pay to the Plaintiff the service cost of KRW 23,719,220 (the service cost of KRW 20,945,120 for the electric safety maintenance cost of KRW 1,320,000 for the elevator maintenance cost of KRW 968,000 for the electric safety maintenance cost of KRW 1,40,100 for the telephone rate of KRW 140,100 for the telephone rate of KRW 286,00 for the water tank cleaning cost of KRW 286,00.

B) If Defendant managing body deemed to have terminated the management services contract of the instant building on November 30, 2014 to the Plaintiff, Defendant managing body is obligated to pay the management fees for the portion of December 2014 in accordance with unjust enrichment or office management regulations. 2) Defendant Company’s assertion against the Defendant Company from the Plaintiff on December 31, 2014.