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Reasons
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(영문) 인천지방법원부천지원 2017.12.21 2016가단25555
용역비 등
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of building management services, etc., Defendant B’s management body is the management body (hereinafter “Defendant E”) composed of sectional owners of the aggregate building B (hereinafter “instant building”) of the third underground and third underground and the sixth ground level apartment building B (hereinafter “instant building”). Defendant E Co., Ltd. (hereinafter “Defendant E”) is the seller who newly constructed and sold the instant building around 2009, and the unit owner of the instant building G, H, I, J, K through L, M through N, which was unsold at present.

In addition, Defendant C and D are sectional owners who jointly own one-half shares after purchasing the building heading and heading from Defendant E on May 23, 2016.

B. On May 25, 2009, the Plaintiff entered into a management services contract with Defendant E to perform the management of the instant building upon entrustment (hereinafter “instant management services contract”). From June 1, 2009 to July 31, 2016, the Plaintiff managed the instant building.

C. Of the instant management services contract, the content of service costs and management expenses are as follows.

Article 6 (Amount and Calculation of Management Expenses Collected)

1. "B (Plaintiff, hereinafter the same shall apply)" shall impose and collect management expenses and act on behalf of any person for the payment of public imposts;

2.A “B” shall impose and collect the service costs of KRW 2,500 per parcelling-out average per unit (2,500; hereinafter the same shall apply) on and from a soldier.

[Provided, That if there is an objection against the service cost, additional consultation may be made with the “A” (Defendant E; hereinafter the same shall apply). Additional consultation shall be made according to the changes in the minimum wage. Value-added tax shall be collected separately. The service cost shall be imposed in proportion to the number of units in convenience for the management of the common area, on the first priority, but if there is a dispute, it shall be imposed

3. “A” shall pay service costs to “B” by the 9th day of the following month.

4. Other elevator safety management necessary for the management of a building.

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