logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.09.05 2012가합5267
용역비
Text

1. The Plaintiff:

A. As regards Defendant Lone Star, the management body of Defendant 112,260,890 won and its 146,215,965 won and 112,260,890 won.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3:

The Plaintiff is a company with the purpose of building and housing management business, etc., and the Defendant Lone Star's Management Body (hereinafter referred to as the "Defendant Management Body") is an organization established with all sectional owners holding the instant building located in Bupyeong-gu Incheon Metropolitan Government Bupyeong-dong 201-9 (hereinafter referred to as the "instant building"), and the Defendant Jindo-si Co., Ltd. (hereinafter referred to as the "Defendant Jindo-si") is a sectional owner of the fourth and fifth floor of the instant building.

B. On August 27, 2007, the Plaintiff entered into an entrusted management contract (hereinafter “the first contract of this case”) with Geumsung glass Co., Ltd. (hereinafter “gold glass”) which is a project proprietor of the instant building, to manage the instant building from November 30, 2007 to October 30, 2012.

C. Upon the establishment of the Defendant management body on the instant building, the Plaintiff entered into an entrusted management contract with the Defendant management body on April 7, 2009 to manage the instant building from May 1, 2009 to October 31, 2012 (hereinafter “the second contract”), and was delegated by the Defendant management body to collect management expenses for the sectional owners, and the overdue interest on the unpaid service expenses or management expenses was set at 2.5% per annum (=30% per annum).

In concluding the second contract of this case, the Plaintiff takes over the unpaid obligation out of the service charges (as to the period from January 1, 2008 to April 30, 2009) owed to the Plaintiff under the first contract of this case between the Defendant managing body and the Defendant managing body, and 56,130,445 won, which is 50% of them, is complete even if internal circumstances, such as the change of the president of the Defendant managing body, change of the internal circumstances, etc., the second contract of this case is completed.

arrow