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(영문) 서울남부지방법원 2017.12.21 2017가합102670
금전지급 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff is a company with the objective of housing management and building management, etc., and the defendant is the representative meeting of occupants of the Geumcheon-gu Seoul Metropolitan Government apartment house A located in two lots of land (hereinafter referred to as "the apartment of this case").

Article 1 (Purpose) of the Agreement on Contract Management between the Plaintiff and the Defendant, the purpose of this Agreement is to clarify the work process by prescribing all matters related to the management of the apartment management of A (Defendant) (hereinafter referred to as “management work”).

Article 7 (Duties of Manager A and B) ① “B” as a good manager shall perform the entrusted duties in good faith and responsible after consultation with the relevant Acts and subordinate statutes, the rules for the management of apartments, and the regulations prescribed in A.

③ The party who destroyed the contract before the expiration of the contract period is liable for the service payment during the remaining contract period.

Article 9 (Calculation and Operation of Management Expenses) (2) B shall settle and publicly announce the matters concerning the collection of management expenses and the results of the use of the management expenses each month and may inspect all documentary evidence if requested by occupants, etc.

Article 13 (Service Charges) Article 13 (Service Charges) Doz. Doz. Doz. Doz. 5,576,200

(Separate) Article 22 (Cancellation of Contracts) "A" or "B" may cancel this Agreement if the other party neglects to perform the obligations stipulated in this Agreement for a considerable period of time, requiring rectification, and fails to perform the contractual obligations within the said period, upon the other party’s failure to perform the obligations under this Agreement.

Article 21 (Management Audit) The term "A" may, if deemed necessary, conduct an audit on the performance of duties of "B" to the extent that such audit does not interfere with the duties of the management office.

Provided, That the audit of “A” shall be notified in advance to “B”.

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