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(영문) 인천지방법원 2017.11.30 2013가단95598
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 55,120,310 as well as the amount of full payment from July 12, 2016 to the date of full payment.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

(1) For the management of the building of this case for one year from the date of approval for use, the defendant shall be the managing body, such as the collection of management expenses, the selection of service companies, etc., and may entrust management

② The Plaintiff shall organize an organization necessary for the overall management of the instant building (hereinafter referred to as “self-governing management committee”) and may receive the transfer system by not later than three months before the date of publication of the management agency under paragraph (1).

③ After the management period under paragraph (1) expires, the Plaintiff is managed by the Plaintiff, and when the autonomous management committee is not organized, the Defendant may not file a civil or criminal objection even if he/she voluntarily entrusts a third party with the management.

On July 9, 2008, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, under which KRW 2,150,000,00 (excluding value-added tax 139,750,000,000,000,000,000 (hereinafter “instant sales contract”) as to the sales price for the buildings listed in the separate sheet (hereinafter “the instant building”) 6,7, and 8 (the Plaintiff had been engaged in accommodation business with the trade name “Cirel” in this place; hereinafter referred to as “the instant apartment”). The contents of Article 12 of the instant sales contract (Evidence A) are as follows.

B. On July 14, 2008, the Defendant, as the owner, newly constructed the instant building and completed the registration of ownership preservation on the instant building. On August 8, 2008, the Defendant completed the registration of ownership transfer on the instant Mour.

C. As to the entire building of this case, the Defendant did not pay electricity charges from October 2009 and water rates from November 2009, which led to the occurrence of fractional power supply and water rates. Accordingly, from December 30, 2009 to April 29, 2010 to the Korea Electric Power Corporation, the Plaintiff’s total electricity rates of KRW 17,604,200 for the period from October 30, 2009 to April 29, 2010 for the entire building of this case was KRW 17,604,200, and from February 1, 2010 to April 21, 2010.

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