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(영문) 수원지방법원안양지원 2014.10.30 2013가단24144
손해배상
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,200,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 1, 2013 to October 30, 2014.

Reasons

1. Determination on the main claim

A. The Plaintiff’s basic facts 1) From September 20, 2008, the Plaintiff is the B apartment located in Sungsung City C (hereinafter “instant apartment”) and “the instant apartment.”

(2) On July 29, 2013, upon the Defendant’s request, the Plaintiff and the Defendant entered into an entrustment management agreement on the instant apartment again on July 29, 2013, and the part relating to the instant apartment is as follows.

(hereinafter “instant management contract”). Article 3 (Period of Contract) The term of the consignment management contract is from September 1, 2013 to August 31, 2015.

(2) For the affairs referred to in Article 4 (Entrustment Management Fee) and Article 5, “B” (Plaintiffs) shall pay “B” the entrusted management fee of KRW 400,000 per month to “B” by the end of each month.

Article 22 (Cancellation of Contracts) "A" or "B" may terminate this Agreement if the other party neglects to fulfill the obligations under this Agreement within a fixed period of two months and is required to correct it, and if the other party fails to perform the obligations under this Agreement within that period, it may be required to do so.

3) When concluding the instant management contract, the Plaintiff concluded a computer two computers and one monitor (market price of KRW 1,215,430, hereinafter “instant goods”).

(4) The Defendant demanded the replacement of the head of the management office to the Plaintiff on the grounds that the head of the management office D had sexual harassmentd, and the Plaintiff demanded D to resign from the head of the management office on September 7, 2013. Since September 13, 2013, the Plaintiff dispatched E who had been an employee of the Plaintiff to the head of the management office of the instant apartment.

5. On September 12, 2013, the Defendant held a temporary council of occupants to conclude that the instant management contract is terminated due to the Plaintiff’s insufficient handling of defects, insufficient accounting management, insufficient qualifications, etc., and then F.

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