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(영문) 춘천지방법원원주지원 2015.07.02 2013가합5196

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 94,432,769 to the Plaintiff (Counterclaim Defendant) and its amount from June 18, 2015 to July 2, 2015.

Reasons

1. Basic facts

A. On July 201, the Plaintiff’s entrusted management of the instant apartment is a company that conducts a housing management business to which the management of the instant apartment was entrusted by concluding a contract with the council of occupants’ representatives at Won-si (hereinafter “instant apartment”). According to the above contract, the Plaintiff established and operated the instant apartment management office and posted the head of the management office to manage the instant apartment.

B. On October 14, 2010, the council of occupants' representatives of the instant apartment construction contract concluded an individual heating conversion and gas and water supply pipes construction contract for the instant apartment on October 14, 2010 with the Defendant, a construction company, without the consent of the occupants of the apartment, and rescinded the said contract, and the Defendant filed an application for the conciliation with the Seoul Southern Southern District Court for the payment of the construction cost under the Seoul Southern Southern District Court Order 2001M1967.

As stated in paragraph (1), a smooth agreement was concluded with the Plaintiff, who is an entrusted management company of the apartment of this case, and the application was withdrawn.

C. On September 17, 2011, the head of the instant apartment management office (B) appointed by the Plaintiff (hereinafter “instant apartment management office”) entered into a contract for individual heating conversion and gas and water supply pipeline replacement works (hereinafter “instant contract”) with the Defendant as follows. The construction period shall be from October 1, 201 to December 30, 201 (Provided, That the boiler installation works shall be completed from November 10, 201; the price for construction shall be KRW 1,350,000,000 including value-added tax; and the price for construction shall be KRW 2/100 per day of down payment; the price for construction shall be KRW 1,350,000; the price for construction shall be KRW 2/100 of the down payment; the price for construction shall be at least 14% of the general terms and conditions of the instant contract related to the instant case and shall be at least 9/100 of the construction completion (hereinafter referred to as “gas supply”).