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(영문) 의정부지방법원고양지원 2015.08.27 2014가합56096
부당이득금
Text

1. The Defendant’s KRW 142,430,00 for the Plaintiff and 6% per annum from June 30, 2014 to November 11, 2014, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff is a company with the business purpose of operating facilities and machinery expenses, and the defendant is a company with the business purpose of managing multi-family housing.

B. On December 5, 2011, the Defendant was delegated by the council of occupants’ representatives to manage the instant apartment.

C. On January 25, 2013, the Plaintiff entered into a service contract with the Defendant, stating “the contract period: from January 1, 2013 to December 31, 2014, service charges: 3,5270,000 won per month (cost of KRW 2,9710,000,000 for external management expenses, KRW 5560,000 for the external management expenses, and KRW 10,000 for each month)” (hereinafter “instant service contract”). From around that time, the Plaintiff performed duties, such as the expense of the instant apartment.

B (the head of the management office of the apartment of this case dispatched by the Defendant at the time) on August 29, 2013, the Plaintiff notified the Plaintiff in writing that “The instant service contract will be terminated as of September 30, 2013, on the grounds that the contract conditions are inadequate, the civil petition of residents having high management expenses at a cost higher, the complaint of resident residents due to a negotiated contract, the extension of the period of non-founded contract, etc.”

E. On or after September 30, 2013, the Plaintiff continued to provide services, such as the cost of the instant apartment without any difference with the previous one, even after the Defendant terminated the instant service contract.

In addition, on June 30, 2014, the Plaintiff suspended services, such as expenses, etc., and completed the instant apartment.

F. Meanwhile, on the other hand, the Defendant paid the Plaintiff the total amount of KRW 100 million on February 10, 2014 (total amount of KRW 25 million per month during the four months from October 2013 to January 2014), KRW 25 million on February 10, 2014 (the service cost in February 2014), KRW 25 million on March 10, 2014 (the service cost in March 2014) and KRW 175 million on April 10, 2014 (the service cost in April 2014).

[Ground of recognition] A without dispute, Gap 1, 2, 3 evidence, Gap 4-5, Gap 5, 7, 9 evidence, Eul 1-4, 7, 9, 11 evidence, witness C's testimony.

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