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(영문) 수원지방법원 2019.01.23 2017나84198
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 1, 2008, the Plaintiff entered into a building management service contract (hereinafter “instant service contract”) with the Defendant, who is the seller of the Yeongdeungpo-gu Building C (hereinafter “the instant aggregate building”) on the management of the instant aggregate building, cost management, and environmental beauty management (hereinafter “instant service contract”). From around that time to June 2016, the instant aggregate building was managed. The written text of the instant service contract states that “the amount of management: personnel expenses, management expenses, facility maintenance expenses, etc. shall be imposed in proportion to the area, such as the amount of management, personnel expenses, maintenance expenses, etc.,” and Article 15 states that “the amount of maintenance expenses incurred in the instant aggregate building shall be imposed in proportion to the area of maintenance expenses incurred in the instant aggregate building.”

B. From April 2010 to February 2012, the Defendant owned, and used, and owned, each of the following subparagraphs (O, J, and K in the instant aggregate buildings from March 2012 to June 2012, the Defendant owned, and used, and owned, O, J, and K in the instant aggregate buildings, from around July 2012 to June 2016, the instant aggregate buildings referred to as “O” and collectively owned, namely, “O,” “O,” “O,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” “,” and “,” respectively.

C. The Plaintiff imposed and notified the Defendant of the management expenses for the instant partitioned building by the payment deadline of the fifth day of the following month, and the Defendant paid the management expenses for the instant partitioned building to the Plaintiff from March 2010, without delay, until March 2010, and paid them all or part of the management expenses imposed by the Plaintiff from April 2010.

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