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(영문) 서울중앙지방법원 2019.08.13 2018나55755
부당이득금반환 청구의 소
Text

1. The plaintiff's appeal and the conjunctive claim added by the appellate court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company that has managed the building B in Sungnam-si (hereinafter “instant officetel”), and the Defendant is a council of occupants’ representatives composed of the instant officetels management.

B. From August 2014 to October 2014, 2014, tenants of the instant officetel C to D were unpaid KRW 7,643,750 as management expenses. On June 12, 2015, the Plaintiff issued a certificate of full payment of management expenses to the said tenants without paying delinquent management expenses.

The tenant refused to pay delinquent management expenses based on the certificate of full payment of the above management expenses issued by the plaintiff.

Accordingly, on June 18, 2015, the defendant demanded the plaintiff to pay in full the delinquent management expenses of KRW 7,643,750.

C. Meanwhile, on May 19, 2015, the Defendant awarded a contract for electrical construction of KRW 30,000,000 for construction cost to E, and the construction was completed on May 31, 2015.

On June 18, 2016, the Defendant asserted that the cause for the electrical construction was in the original defective construction work and demanded the Plaintiff to receive KRW 20,000,000 from the instant officetel contractor and executor.

On June 30, 2015, the Plaintiff notified the Defendant’s requirements as follows.

2. We will be responsible and resolved by us by July 10, the answer to paragraph 1 of the implementation (including the case of electrical construction) amount of KRW 20 million.

- By June 30 to 100,000,000 from June 30 to 100,000, which was presented as the relationship between the present events and F, is somewhat delayed.

5. The reply to paragraph 4 of the performance (issuance of a certificate of full payment of management expenses) - 7,643,750 won, which issued the certificate of full payment of management expenses, shall be us assume the responsibility.

In addition, I shall add to it.

I think it is difficult to observe the 30th of June that the council of occupants' representatives presented to the resolution of the council of occupants' representatives, and we are bound to be responsible and resolved in any way until July 10.

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