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(영문) 서울서부지방법원 2018.04.27 2017나37847
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants' representatives of Yongsan-gu, Yongsan-gu, Seoul, the council of occupants' representatives is the company that has concluded a consignment management contract with the Plaintiff on July 7, 2011 and manages it until now.

B. The main contents of the consignment management contract concluded between the Plaintiff and the Defendant on July 7, 201 (hereinafter “instant first consignment management contract”) are as follows.

Article 14 (Term of Contract)

1. The term of this Agreement shall be three years from August 1, 201 to July 31, 2014.

Article 15 (Payment of Expenses for Trust and Management)

1. On consignment management service fees under this contract shall be KRW 8,300,250,000, an amount calculated by multiplying the management area (184,450 square meters) by 45 won per square meter.

(Additional Value-Added Tax). 2. Total entrusted management expenses shall be KRW 298,809,000 during the term of this contract.

Article 18 (Prohibition of Re-entrustment, etc.) The defendant shall not re-contract the management affairs to a third party, nor transfer to a third party all the rights and obligations arising from this contract and the object of security.

Provided, That if necessary for the management of a building, the defendant may subcontract part of the management affairs entrusted by the defendant, such as security, parking, US dollars, and maintenance of facilities, to a third party to the extent that it does not interfere with the performance of management affairs.

Article 25 (Bearing Expenses Incurred)

1. The defendant shall have 34 persons who have placed security management in charge of entrusted management manage them based on subcontract price of KRW 1,982,100 (excluding value-added tax) per capita per 34 persons;

2. The defendant shall have 1,410,800 won per head per month (excluding value-added tax) in the management of the United States dollars in the course of entrusted management.

3. Security and monthly service costs, etc. may be changed at a reasonable level in terms of personnel expenses and price fluctuations each year at the time of the contract, under the agreement between the plaintiff and the defendant.

Provided, That if the minimum wage under the public notice of the Ministry of Labor changes and the existing service cost is below the minimum wage, it shall be reflected at the time of the change.

(c).

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