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(영문) 수원지방법원 2018.06.01 2017나87548
관리비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

The plaintiff is a corporation (No. 1) established with the business purpose of management business, housing management business, etc., and B prosperity is a management body of the building of this case comprised of the sectional owners, etc. in the building of building "B" (hereinafter "the building of this case"), which is an aggregate building in Ansan-si, Ansan-si (hereinafter "the building of this case").

(B) On November 18, 2010, the Plaintiff entered into a comprehensive building management service contract (hereinafter “instant service contract”) with the prosperity of this case, which provides that “the Plaintiff shall comprehensively be entrusted by the prosperity of this case with the comprehensive management service of the instant building, technical manpower related to the construction, placement of contract personnel, administrative management and accounting (in charge) and management of common property,” and “the Plaintiff shall perform the comprehensive management service contract of the instant building (Evidence 2 of this case). From that time, the Plaintiff is performing the comprehensive management service of the instant building from that time to that time.

From April 2016 to the present date, the Defendant operated the “D Announcement Institute” in 505 of the instant building (hereinafter “instant commercial building”) and deposited only KRW 16,363,484 out of the total management fees from April 2016 to August 2017, as shown in the separate sheet, into the deposit account in the name of the instant prosperity. The Defendant deposited only KRW 24,969,020 out of the total management fees from April 24, 2016 to August 2017, as indicated in the separate sheet, into the deposit account in the name of the instant prosperity. The Defendant did not pay KRW 8,605,536 among the management fees up to the present date, and KRW 9,035,806 in total of KRW 43

(A) 【Nos. 3 and 4. 【Ground for Recognition】 There is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, assertion of the purport of the whole pleadings, and claim by the parties concerned, the plaintiff alleged that the plaintiff is liable to pay the plaintiff the unpaid management expenses and late payment charges imposed on the plaintiff, who is a controlled entity entrusted by the Subdivision of this case with the duty to impose management expenses for the building of this case, in accordance with the service contract of this case.

The managing body of the building in this case alleged by the defendant is the building in this case.

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