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(영문) 서울고등법원 2016.06.10 2015나8324
용역비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is as follows, and the reasoning of the judgment of the court of first instance is as stated, except for adding a judgment on the argument that is to be newly made in the trial as follows, and the reasoning of the judgment of the court of first instance is as stated in the text of Article 420 of the Civil Procedure Act.

The third written judgment of the court of first instance shall be used by using the third written judgment of the court of first instance as “C”, and the fifth written judgment of the court of first instance shall be deleted from 19-22.

The 8th 1th 1th 1th 1th 1th 1th 2th 2th 2th 3th 201

Of the management expenses imposed on the Plaintiff from August 2008 to July 2013, 2013, the general management expenses equivalent to the Plaintiff’s service charges are the total of KRW 527,728,520, and the general management expenses collected in total of KRW 423,060,975, and the unpaid general management expenses are KRW 104,667,545, (i.e., KRW 527,728,520 - KRW 423,060,975).” The unpaid general management expenses are KRW 104,67,545, and the unpaid general management expenses are KRW 427,728,520,520, KRW 423,060.

2. Determination on addition

(a)in Part XIII of the decision of the first instance, add to the following judgments:

“3) As to this, the Defendant asserts that the above unpaid service charges for the Plaintiff seeking payment were incurred due to the unpaid maintenance expenses for the family room held by the executor among the buildings of this case, and Article 7(3) of the first contract provides that Article 7(3) of the first contract exempt the Defendant from the Defendant’s liability regarding the management expenses for the family room held by the executor, which is the management body of the building of this case, and that the Defendant is not liable for paying them. Article 7(3) of the first contract provides that the Defendant is not liable for the payment of the unpaid service charges for the possession only of the unsold housing units and the registered housing units, among the contract amounts calculated pursuant to paragraph (2). Article 7(3) of the first contract provides that “A(execution company)

"The facts set forth above" are as seen earlier.

However, the enforcement company at the time of the first contract is unsold in the language and text.

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