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(영문) 의정부지방법원 2019.05.02 2018나211830
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The defendant is the chairperson of the committee for the emergency countermeasures against the above commercial building as one of the sectional owners of the commercial building in Pakistan-si (hereinafter "the commercial building in this case").

B. On July 14, 2017, the D Service Association composed of some of the sectional owners of the instant commercial buildings entered into a management services contract with E (hereinafter “E”) on the instant commercial buildings, and E was performing the management services of the instant commercial buildings from August 1, 2017.

C. Since then, there was a dispute between the sectional owners of the instant commercial building, including the Defendant, and the D Service Association, regarding the methods and authority of E. On August 24, 2017, seven persons, among the sectional owners, including the Defendant, F, G, H, and I, determined the scope of management between the Plaintiff and the Plaintiff as “parking Management and Commercial Building Management” and entered into a consignment management service contract (hereinafter “instant service contract”) with respect to the instant commercial building, and the Defendant and the J (the Chairperson of the Commercial Building Lease Council of this case) jointly and severally guaranteed against the Plaintiff the obligation to pay the entrusted management expenses (600,000 won a month) and personnel expenses (70,000 won a month) under the above service contract.

(hereinafter referred to as "management expenses, etc.") the entrusted management expenses and personnel expenses under the above contract shall be referred to as "management expenses, etc."

From August 2017 to February 2018, the Plaintiff managed the instant commercial building, and the amount of debts, such as management expenses under the instant service contract, is KRW 29,152,250.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-3, and 5 evidence (including branch numbers; hereinafter the same shall apply)

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant, who jointly and severally guaranteed the obligation under the instant service contract, calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 3, 2018 to the date of full payment, as the Plaintiff seeks.

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