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(영문) 서울중앙지방법원 2016.11.25 2015가단37700
용역비
Text

1. The Defendant’s KRW 14,436,873 as well as the Plaintiff’s annual rate of 5% from April 23, 2016 to November 25, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company established with the main purpose of security service business, sanitary management business, etc., and the Defendant is the Gangnam-gu Seoul Metropolitan Government Self-Governing Province 3 complex of the Sejong District 230, 3 complex of the Boan apartment (hereinafter “the apartment of this case”).

(2) The apartment of this case is a collective housing of 1,070 households that is built by the ESH Corporation (hereinafter “SH Corporation”) as a project undertaker for the management of the apartment of this case.

B. On January 28, 2014, SH on consignment management services contract between SH and Mine Industry Co., Ltd. (1) SH published an electronic bidding notice to conclude the instant apartment management services contract, and on February 10, 2014, the Mining Industry Co., Ltd. (hereinafter “mining industry”) which is the successful bidder.

The contract amount is KRW 18,383,00, and the contract term is from March 3, 2014 to August 31, 2014, and the entrustment contract for the management of the instant apartment (hereinafter “the first consignment management contract”) with respect to the instant apartment.

(2) On August 28, 2014, the SH Corporation concluded an entrusted management service contract (hereinafter “the second entrusted management contract”) with the same content as the first entrusted management contract (hereinafter “the second entrusted management contract”) by setting the contract period from September 1, 2014 to February 28, 2015 (Provided, That during the management period, occupants, etc. constitute a council of occupants’ representatives, etc. and determine the management method of the relevant apartment house and notify it to the optical industry, the date of receipt of notification).

3) The main contents of Article 5 of the instant consignment management contract are as follows. Article 5 (Prohibition of Re-entrustment) (1) No mining industry shall re-consign a third party with the management business to re-consign a third party or cause a third party to do so.

Provided, That matters falling under each of the following subparagraphs may be performed by services, but Article 55-4 subparagraph 1 of the Enforcement Decree of the Housing Act shall apply:

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