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(영문) 부산지방법원 2017.12.14 2016가단340449
용역비
Text

1. The Defendant’s KRW 34,863,40 for the Plaintiff and KRW 5% per annum from March 3, 2017 to December 14, 2017.

Reasons

1. Basic facts

A. The plaintiff is a personal entrepreneur who runs the business of landscaping planting and the maintenance and management of trees with the trade name of C, and the defendant is an autonomous management organization composed of occupants in order to manage the Busan Jin-gu B apartment (hereinafter "the apartment of this case") and ancillary facilities.

B. On November 1, 2013, the Plaintiff entered into a contract for the maintenance and management of landscaping trees in the instant apartment complex (hereinafter “the instant first contract”) with the head of the living support center for the instant apartment complex who represented the Defendant, setting the contract period of KRW 134,00,000 from November 1, 2013 to October 31, 2014, and setting the contract period of KRW 134,00,000, and accordingly, the Plaintiff performed the management of landscaping trees in the instant apartment complex during the contract period.

C. On November 18, 2014, the Plaintiff entered into a contract with the head of the living support center of the instant apartment building, who represented by the Defendant, to take into account the defects in landscaping trees that occurred during the first contract period of the instant apartment building from 76,00,000 won until May 2015 (hereinafter “instant contract”). Accordingly, the Plaintiff completed the treatment of defects until the relevant period.

The B apartment living support center head of the landscape trees maintenance contract shall be referred to as "A" and the C representative shall be referred to as "B" and the "B landscape trees maintenance contract" shall be concluded as follows:

Article 2 [Agreement] A shall entrust B with the maintenance and management of landscaping trees in B complex for three years, and B shall be entrusted with the maintenance and management of trees, and Eul shall be entrusted with the maintenance and management of trees, and it shall be performed in good faith by performing its best.

Article 3 (Subject Matters of Maintenance and Management of Trees) Subject matters of maintenance and management of trees shall be subject to trees planted on the first floor, second floor and third floor above ground in a complex.

provided that the following items are excluded:

Trees planted without approval from the council of occupants' representatives or Gap;

(b) The trees damaged by accident or intention;

(c) Facilities, equipment, etc.;

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