logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.12.14 2016가단7880
부당이득금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 28,920,850 to the Defendant (Counterclaim Plaintiff) and against this, from January 3, 2016 to December 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 2010, the Defendant entered into an entrusted management agreement with the Plaintiff on the Fence Center (hereinafter “instant contract”) which is an ancillary facility within the Hanyang-gu apartment complex B (hereinafter “instant apartment complex”). In addition to the management expenses for electricity, water supply, heating, etc. to be paid by the Plaintiff to the said apartment management office according to the method of settlement of actual expenses, the Defendant agreed to pay all kinds of facilities, sports organizations, and general management expenses for the use of parking lots by KRW 600,000 per month (hereinafter “instant management fee agreement”).

B. The main contents of the instant contract are as follows.

Article 2 (Used Facilities) (1) The plaintiff shall be responsible for breakdown, repair, etc. of all equipment in the Center.

Article 3 (Period of Contract for Entrusted Management) The term of this contract shall be five years.

The term of this contract shall be from January 3, 2011 to January 2, 2016.

Article 5 (Management Expenses Entrusted) (1) The plaintiff shall settle the management expenses incurred in the management of electric power, water supply, heating, etc. used for the management of the Insignia center at actual expenses.

(2) If an entrusted management contract commences or is terminated during each month, the management expenses for the month shall be calculated according to the number of days.

Article 7 (Prohibited Acts) The plaintiff shall not engage in any of the following acts:

(1) When the contract is null and void or is terminated due to administrative instructions given by the competent authority under Article 8 (Reasons for Immunity), all the acts that give displeasure to members and interfere with the use of facilities. (5) When operating property and other facilities are destroyed, damaged or altered, the plaintiff may not claim damages against the defendant.

(Provided, That this shall give priority to negotiations for conformity). (1) The plaintiff or his employee and his customer shall be entitled to any facility within this Center by intention or negligence.

arrow