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(영문) 서울동부지방법원 2013.11.06 2012가단47624

부당이득반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 12, 2007, the Defendant, as the council of occupants’ representatives consisting of the Dong representatives of Songpa-gu Seoul apartment B, entered into a contract on the entrusted management of the insignia center (hereinafter “instant consignment management contract”) with regard to the second floor healthcare room of the living support center in the apartment complex (mutual name “E”; hereinafter “instant volatilen center”).

Article 2 (Management) The defendant shall delegate his/her authority over the overall operation and management of the common sports facilities established within the complex under this contract to D, and D shall be responsible for the management of members and sports guidance together with all the responsibility for the management of the sports facilities, such as exercising the management delegated and delegated rights to sports facilities and the provision of good faith and kind services to users.

Article 3 (Terms and Conditions for Extension of Contracts)

1. The contract period, such as the contract period, for the use and entrusted management of the spaces, equipment, facilities, etc. in the resident joint sports facilities provided by the defendant to D, shall be five years from the date of conclusion of the contract (from July 12, 2007 to July 11, 2012);

2. Extension of contract. The main text of the contract is omitted: Provided, That D shall gratuitously donate all of the exercise equipment and the interior to the defendant when the re-contract becomes known after the expiration of the contract period;

B. The Defendant paid KRW 10,00,000 to the Defendant within five (5) days from the date of the contract between D and D on the same day, and paid KRW 2,619,00 as the monthly facility reserve at the end of each month. However, if D remains unpaid for more than five (5) months without good cause, the Defendant agreed that the contract may be terminated.

C. However, as D did not pay monthly facility reserve from September 1, 2008, the Defendant notified the termination of the instant consignment management contract on May 15, 2009.

The Defendant against D on August 12, 2010, on the ground of the termination of the instant consignment management contract by the court No. 2010 Ghana498555.