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(영문) 서울중앙지방법원 2020.02.19 2019나21438 (1)
기타(금전)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) The Plaintiff is a non-corporate body that is in charge of the management of multi-family housing, facility management cleaning service, facility security, parking management, etc. from December 2014 to a non-corporate body that is in charge of the building management of the building in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

(2) On April 15, 2008, the Plaintiff entered into a service contract with Co., Ltd. (hereinafter “Non-Party Company”) with the content that the Plaintiff was entrusted by Non-Party Company with the management and operation of the instant commercial building and U.S. dollars duties, and has performed the said duties around that time.

On September 1, 2014, the Plaintiff entered into a service contract for the security of the instant commercial building from the non-party company. At that time, the Plaintiff also performed security services in addition to the management of the instant commercial building’s parking lot and the U.S. dollars’ work.

B. According to each service contract between the non-party company and the plaintiff, the service cost was calculated on the last day of each month, demanding the non-party company to file a claim with the non-party company and the non-party company to pay it to the plaintiff by the 10th day of the following month. With respect to the "parking service" while the non-party company manages the commercial building of this case, the plaintiff issued a tax invoice on the last day of the following month, and the non-party company paid the service cost by depositing the corresponding amount to the plaintiff before and after the 25th day of the following month. The non-party company paid the "security service" of the commercial building of this case that the non-party company performed from September 2014.

C. (1) When the management expenses account was seized around 2013 due to the aggravation of the financial status of the non-party company due to the aggravation of the financial status of the non-party company, the non-party company’s general account and the instant commercial building management expenses account are divided, the representative of “G” as the name of the defendant.

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