(영문) 서울고등법원 2015.07.10 2014나43016

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(영문) 서울고등법원 2015.07.10 2014나43016

관리비

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

(a)the Ework Building Services subject to the management indicated in this Agreement are contracted out from Gap;

§ 2.(Contract Term and Service Costs and Method of Imposition and Payment of All Costs)

1. The contract term shall be two years from July 20, 208 to July 19, 2010;

2. To terminate this contract, “A” or “B” shall be notified in writing not later than two months before the end of the contract period.

Provided, That this contract shall be automatically extended every two years unless the notice of the termination of the contract is given in writing by “A” or “B” within the above period.

3. Monthly service costs and expenses set forth in the following amounts, and “B” shall be imposed on sectional owners and occupants by the 25th day of each month as administrative expenses and expenses included in the notice of management expenses, and the sectional owners and occupants shall pay management expenses by the end of the month:

(The unpaid arrears shall be 5% of the unpaid management expenses).* Monthly service expenses: 5,605,940 won (total floor area x 478.04/m2, and value-added tax separate)* Monthly service expenses: 617,460 won (total floor area x 52.63/m2, value-added tax separate) Article 5 (Right and Duty) of the sectional owners and occupants shall pay management expenses claimed by “B” and cooperate in the management affairs of “B,” and “B” shall be liable for compensation if they inflict damage on “B” due to intentional or gross negligence of “B”.

The terms and conditions of the contract for the comprehensive management of buildings (hereinafter “instant contract”) written by the Plaintiff and C on July 19, 2008 are as follows.

Meanwhile, from August 2004, C did not fully pay the management expenses for the 3 to 10th floor of the instant building from which C entrusted the management of the instant building to the Plaintiff. From October 2004, C had the Plaintiff directly operate the instant parking lot and the profits accrued therefrom.

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