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(영문) 서울중앙지방법원 2017.09.26 2017나11574
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation whose purpose is the management business of collective housing and building, etc., and the defendant is the management body of the main Dong and outdoor parking lot (hereinafter "the building of this case") located in 500 as the Seog-gu, Dong-gu, Nowon-gu.

The Defendant and the Plaintiff shall entrust the Plaintiff with the management of the instant building to be managed by the Defendant under the Act on the Ownership and Management of Aggregate Buildings and the Act and subordinate statutes, and the Plaintiff shall be entrusted with the management of the instant building, and the Plaintiff shall observe relevant laws and regulations and shall manage the instant building comprehensively with the duties of a good manager in accordance with good faith and good faith

Article 1 (Contract Period and Commission Fees)

1. The term of a management contract shall be one year from October 1, 2015 to September 30, 2016;

2. The commission fees shall be 298,860 won (including value-added tax) per month; and

Article 2 (Claim and Adjustment of Service Fees)

1. The custodian and the benefits shall be determined by the Defendant, and the Plaintiff shall claim the service cost (the manager’s benefits and the commission fee) to the Defendant by the 10th day of each month.

Freeboard contract service cost of KRW 19,114,200 (including value-added tax) per month

2. Disinfection expenses, electricity charges, cooling and heating expenses, water supply charges, repair and maintenance expenses, garbage collection charges, taxes and public charges, and other charges, except for service charges, shall be formulated a separate plan and the actual expenses shall be settled at the site with the approval of the defendant.

3. The service cost may be adjusted under an agreement with the plaintiff or the defendant, even during the contract period, in consideration of the sentiments of the same kind with the economic conditions, such as the minimum wage and price increases; and

Article 5 (Details of Management Affairs) The scope of management affairs entrusted by the Plaintiff from the Defendant shall be as follows:

1. The plaintiff shall act on behalf of the defendant in accordance with the management rules and deal with legal enforcement, etc. for the imposition of management expenses, notification, and collection of attempted management expenses each month in consultation with the defendant.

2. General affairs concerning the management of facilities, guard, cleaning, garbage removal, etc. in buildings;

3. Joint use of occupants.

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