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(영문) 의정부지방법원고양지원 2020.05.15 2019가단503
이행담보금지급
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,541,924 to the Defendant (Counterclaim Plaintiff) and against this, from March 12, 2019 to May 15, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the representative meeting of occupants, composed of occupants of Goyang-gu, Yangyang-gu A apartment (hereinafter “instant apartment”).

Article 2 (Entrustment Management) (1) Management affairs entrusted by the plaintiff to the defendant shall be as follows:

1. Affairs of the managing bodies under each subparagraph of Article 63 (1) of the Multi-Family Housing Management Act and each subparagraph of Article 29 of the Rules;

2. In addition to the duties prescribed in subparagraph 1, matters prescribed by the Enforcement Decree of the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the Housing Act (hereinafter referred to as the “Ordinance”) (1) The head of the management office that the defendant places pursuant to Article 64(1) of the Multi-Family Housing Act

Article 4 (Duty to Observe) The defendant shall manage the plaintiff's collective housing, etc. as a good manager, in compliance with the statutes related to the management of multi-family housing management and multi-family housing (hereinafter referred to as "related statutes") and the rules for management

Article 8 (Imposition and Collection of Management Expenses, etc.) (1) Management expenses, user fees, long-term repair appropriations, etc. shall be imposed (request), collected and disbursed by the head of the management office in accordance with Article 23 (1) of the Multi-Family Housing Act, Article 23 of the Enforcement Decree, and the

Article 9 (Limitation of Liability) (1) The limitation of the defendant's responsibility for entrusted management shall be limited to common areas, etc. of the plaintiff's multi-family housing except as otherwise provided for in the Multi-Family Housing Management Act,

1. Where the employee of the defendant or defendant inflicts damage on the building or facilities on purpose or by gross negligence;

2. Where the employees of the defendant or defendant inflict losses on occupants, etc. by intention or gross negligence;

3. Where an employee of the defendant or the defendant inflicts a safety accident or money accident on purpose or by gross negligence, the defendant under Article 10 (Matters of Exemption) shall be liable to compensate for the loss incurred by the plaintiff or the tenant, etc. as stipulated in the following:

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