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(영문) 인천지방법원부천지원 2020.07.03 2019가단16200
관리비
Text

1. The Defendant’s KRW 71,715,182 as well as the Plaintiff’s annual rate of KRW 5% from April 12, 2019 to July 3, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at building management business, etc., and the Defendant is a non-corporate body, which is a shopping mall with business registration within the Bupyeong-si B building (hereinafter “instant building”) and with business operators as its members.

B. On December 28, 2016, the Plaintiff entered into an entrustment contract with the Defendant for the management of the instant building (hereinafter “instant entrustment contract”) with the following terms and conditions, and performed management duties from January 1, 2017, and on December 31, 2018, the said contract term expired.

Article 2 (Entrustment of Management Right) (1) The defendant shall entrust all the management affairs of an aggregate building to the plaintiff as provided in this Agreement.

Article 3 (Details of Management Affairs) The scope of management affairs entrusted by the Plaintiff from the Defendant shall be as follows:

1. Facilities management, such as electricity, machinery, maintenance, management, maintenance, operation, water supply and safety management, etc. of incidental facilities and welfare facilities owned jointly by common areas of an aggregate building or by occupants;

2. Vicarious execution of expenses for maintaining order, such as the column for scenic fixtures in an aggregate building, plastic bags, etc., sanitation, disinfection, water tank cleaning, cleaning of septic tanks, etc., environmental beauty, electricity, fire-fighting, elevator regular inspection, elevator regular inspection, and continuous inspection of the use of the target device;

3. Collection of the management expenses and fees, and vicarious payment of public imposts;

7. To conclude an annual contract with facilities, electricity, E/L, fire-fighting agencies, etc. necessary for management and maintenance and management under various legal provisions (3) In order to efficiently perform the plaintiff's management affairs, the defendant shall provide the places for performing duties, such as offices, waiting rooms, places for performing duties, such as electricity, water and appliances, materials, consumed office supplies, etc. in buildings;

Article 8 (Imposition and Collection of Management Expenses) (1) The imposition and collection of management expenses shall be equal to the actual expense settlement system based on the user burden principle and the principle of equity, for each month that the defendant and the plaintiff agreed upon.

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