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(영문) 의정부지방법원고양지원 2015.04.29 2013가합10260
합의파기로인한건물도급관리용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates multi-family housing management business, etc., and the Defendant is a management body duly established with all sectional owners of Btel and neighborhood living facilities located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”) as members pursuant to the Act on Ownership and Management of Condominium Buildings.

B. (1) The Plaintiff entered into a management service contract with D around November 10, 2010, with a content that the Plaintiff is responsible for the management of the instant building for two years from November 10, 2010, and receives the management service cost of KRW 34,375,734 (excluding value-added tax) from the Defendant in return for the management service charge of the instant building for two years from November 10, 2010 (hereinafter “instant service contract”).

(2) Around February 28, 2011, the Plaintiff concluded a management service contract with D that represents the Defendant, with a view to changing the term of the instant service contract to February 28, 2013, and drafted a management service contract that reflects such details.

C. 1) On November 29, 201, the Plaintiff’s representative E referred to the termination of the instant service agreement, and submitted a petition to the Goyang Police Station to the effect that D et al. interfered with the Plaintiff’s management of the Plaintiff. 2) On December 5, 2011, the Plaintiff agreed with D et al. on the instant petition case with D and the Defendant’s representative, and did not participate in any objection, such as early termination of the instant service agreement, and the Defendant agreed to pay the Plaintiff the service fee for the remaining contract period (hereinafter “instant agreement”).

On May 21, 2012, the Plaintiff’s discontinuance of management work 1D is on behalf of the Defendant on the ground of insufficient management work.

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