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(영문) 대구지방법원포항지원 2016.09.01 2016가단1722
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 16, 2009 and June 22, 2011, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) on the entrusted operation with the Pitice Center in the Nam-gu apartment complex B (hereinafter “instant Pitice Center”) on two occasions on two occasions, and entrusted the operation of the instant Pitice Center for five years from March 16, 2009 to March 16, 201.

(Contract Period) Article 2 (Contract Period) “A” (Defendant) entrusts “B” (Plaintiff) with the facilities, the period from March 17, 2014 to March 16, 2016 (two years).

Article 4 (Responsibility for Payment of Management Expenses, etc.) (1) "A" shall impose all the expenses incurred in electricity, water, and other facilities management (hereinafter referred to as "management expenses, etc.") on "B".

(2) When "B" fails to pay management expenses, etc. within the period prescribed in paragraph (1), "B" shall additionally pay the overdue charge, as prescribed by "A".

Article 13 (Other Support Matters) "B" shall support the development fund for apartments in an account designated by "A".

1. Contribution to the development fund of apartments once a year (five million won);

B. On March 17, 2014, the Plaintiff entered into an entrusted operation contract with the Defendant for the instant fee center (hereinafter “instant entrusted operation contract”) and operated the said fee center from that time.

The amount of payment (on March 26, 2014. 89, 930 on March 26, 2014. 89, 930 on May 7, 2015. 417, 010 on June 27, 2015; 860 on June 513, 2014; 860 on July 27, 2015; 10. 75, 207. 280 on August 27, 2015; 205. 3. 45, 207; 205. 4. 75, 205 on August 27, 2015; 200 on August 28, 2015;

C. The plaintiff is operating the instant fee center in accordance with the entrusted operation agreement of this case, and the defendant is given the above fee as shown below (attached 1).

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