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(영문) 대전지방법원 2020.06.25 2018가단217056
약정금
Text

1. The managing body of Defendant B’s building is the year from July 28, 2018 to June 25, 2020 with respect to the Plaintiff’s KRW 54,278,956 and its amount.

Reasons

1. Basic facts

A. 1) Defendant B building management body (hereinafter “Defendant management body”)

(B) Sejong Special Self-Governing City building B (hereinafter referred to as “instant building”)

2) On November 11, 2016, the management entity and the instant building, D Co., Ltd. (hereinafter referred to as “D”) concluded a management service agreement with the term from November 17, 2016 to November 16, 2016, setting the operating cost of KRW 37.7 million per month (excluding value-added tax) and the term of the contract from November 17, 2016 to November 16, 2018.

(hereinafter “instant management services contract”). D began to manage the instant building since that time.

B. 1) Defendant E Co., Ltd. (hereinafter “E”) in the previous case

() After concluding a management services contract with the instant building, it was terminated, and concluded the instant management services contract with the Plaintiff. However, while disputing the validity of the termination of the contract, E continued to engage in the management of the instant building while disputing the validity of the termination of the contract. Accordingly, Defendant management body and D filed an application for a provisional disposition, such as business suspension, against E, but (hereinafter “instant provisional disposition”).

(2) On May 18, 2015, the Defendant managing body’s application was dismissed on the ground that the decision was null and void by a resolution that constituted a management committee at the managing body’s meeting and elected Defendant C as the chairperson of the management body, and that the status of the chairperson is not recognized. D’s application was dismissed on the ground that the instant management services agreement entered into between D and Defendant C, the representative of the management body, was null and void by the non-competent person (Seoul District Court Order 2017Kahap5020, March 30, 2017).

Meanwhile, Defendant C was appointed as a custodian at the extraordinary general meeting of August 11, 2017 by Defendant C’s managing body.

(c) Article 1 (Purpose) of the Agreement entered into shall be existing from November 17, 2016 to March 31, 2017.

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