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(영문) 서울중앙지방법원 2019.04.02 2017가단5128391
기타(금전)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 89,224,08,08 and KRW 78,889,239 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on July 27, 2017.

Reasons

1. On April 2008, the Plaintiff entered into a service contract with C (hereinafter “Nonindicted Company”) from around April 2008, and continued to carry out the operation of the parking lot and the operation of the U.S. dollars of the building D (hereinafter “instant commercial building”) in Jung-gu, Seoul (hereinafter “instant commercial building”). On or around December 2014, the management entity of the instant commercial building changed to the Defendant, who is an unincorporated association, the management entity of the instant commercial building, and entered into a service contract with the Defendant

On December 1, 2015, the Plaintiff and the Defendant concluded a service contract to raise the parking service cost of KRW 37,398,000,000, which was paid by KRW 36,409,000 per month (hereinafter in this paragraph, the value-added tax is excluded) and the service contract to raise the US service cost of KRW 36,045,00 per month on January 1, 2016 and to KRW 45,284,00.

According to each service contract entered into between the Plaintiff and the Defendant, in principle, the Plaintiff, while permanently staying 23 employees and 27 employees, provides parking services and US dollars services of the instant shopping district (2 and 4), and receive service fees by the 10th day of the following month after settling accounts as of the last day of each month, but a change in the contract amount due to an increase or decrease in the number of employees shall be calculated on a monthly basis on the basis

(3) [Grounds for recognition] unsatisfy, entry A 1 and 2, and the purport of the whole pleadings.

2. If the purport of the entire pleadings is added to the statement of Gap 6 through 13-3 as to the claim of the main lawsuit, the defendant's representative has changed from E to F, and the existing services contracts entered into between the plaintiff and the non-party company on November 6, 2015 are valid. The agreement was concluded between the plaintiff and the non-party company on November 6, 2015 that the defendant shall pay 5 million won per month to the plaintiff, on behalf of the plaintiff who was incurred at the time when the company was managing the shopping district of this case, the unpaid principal and interest of 3,4,54,62,269 won for the plaintiff who was incurred at the time when the company was managing the shopping district of this case, and accordingly, the defendant paid 6,54,688 won out of the unpaid principal and interest.

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