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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 10, 2003, A Commercial Building Management Committee concluded a building management contract with the Defendant to pay the contract amount of KRW 17,385,000 per month (including additional tax, and increased to KRW 18,770,000 on January 1, 2008) to the Defendant with respect to building A and its affiliated facilities (hereinafter “instant building”) located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant management contract”).
B. According to the written estimate of November 10, 2003 of the instant management contract, KRW 17,385,393 of the service cost is KRW 12,435,393 of the service cost, KRW 300,00 of the disinfection cost, KRW 1,850,000 of the cleaning cost, KRW 2,000 of the repair and maintenance cost (non-string elevator, septic tank, and water tank), KRW 400,00 of the Defendant’s profit, KRW 400,00 of the cost, and KRW 40,00 of the cost. The written estimate of contract around January 2005 is identical. The service cost increase to KRW 18,770,00 of the service cost, KRW 36,00 of the cleaning cost, KRW 06, KRW 000 of the cleaning cost, KRW 05,005, KRW 305,000 of the purification cost.
On the other hand, the service details attached to the contract around November 2009 include no change in the amount of 18,770,000 won for the service cost, but the detailed description of the items is changed to 616,000 won for the elevator (management cost), 350,000 won for the septic tank (one-time visit inspection, drug medication for the Sewerage Act), 150,000 won for the water tank (maintenance, water quality inspection and inspection, water supply and water supply), 250,000 won for the electric qualification (qualification allowance).
C. On October 2003, the time when the Defendant first concluded the instant management contract, the Defendant received management duties from the non-party corporation, U.S. Industrial Development (hereinafter “U.S.”) that was the immediately preceding controlled entity of the instant building. At the time, KRW 21,262,798 was deposited in the passbook for management affairs while the passbook for management affairs was deposited.