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(영문) 서울중앙지방법원 2021.02.16 2018가단5214268
부당이득금
Text

Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) for KRW 19,906,666 and related thereto, from October 20, 2018 to February 16, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an autonomous organization comprised of occupants of Pyeongtaek-si A apartment located in Pyeongtaek-si C (hereinafter “instant apartment”), and the Defendant is a company entrusted with the management of apartment.

B. On November 25, 2016, the Defendant entered into an entrustment contract of the instant apartment (hereinafter “instant management contract”) with D Co., Ltd. (hereinafter “D”) that is the business entity of the instant apartment (hereinafter “D”).

D (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) who are the project undertaker of the instant apartment management agreement under the entrustment agreement, shall conclude a contract with the following to entrust Party A with the management of the instant apartment, its incidental facilities, etc. to Party B, to Party B by being entrusted with such management, to comply with the relevant laws and regulations, and to manage them in accordance with the good faith principle:

Article 2 (Duties)

1. A person who is a managing body of multi-family housing and is obligated to take measures under related Acts and subordinate statutes, including Article 63 of the Multi-Family Housing Management Act, Article 19 of the Enforcement Decree of the Multi-Family Housing Management Act, shall perform the following duties on his/her behalf:

(i) Article 4 (Notification of Business Affairs, Inspection, Instructions, etc.) of the Multi-family housing joint ownership, maintenance of incidental facilities and welfare facilities, remuneration and safety management 2) Expenses, cleaning, disinfection, and garbage removal in the multi-family housing complex;

1. B shall notify A of the matters that interfere with the smooth performance of his/her duties, the results of the performance of his/her duties provided for in Article 2, and the matters sought by A without delay;

2. A may, if deemed necessary, check the overall operational status of its operations, and B shall actively cooperate therewith.

3. If necessary for smooth management and operation, A may instruct B to conduct the business process guidelines for A or the private items separately determined for B, and B shall comply with such instruction unless any special ground exists to the contrary.

Article 5 (Duties.)

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