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(영문) 서울중앙지방법원 2017.12.07 2016가합558409
부당이득금
Text

1. Defendant Mine Industry Co., Ltd.: (a) KRW 89,344,185 for the Plaintiff and its related amount from October 23, 2008 to September 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of representatives from each Dong elected by occupants for the management of Gangnam-gu Seoul apartment (hereinafter “instant apartment”), a multi-family housing, and the Defendants are companies with the purpose of multi-family housing and building management business, etc.

Article 3(1) This Agreement shall be two years from October 1, 2006 to September 30, 2008. 2) In entrusting the management work to the Defendant’s optical industry, the Plaintiff would pay KRW 27 won per month on consignment management fees x 142,394 x 3,844,638 (including additional tax).

Article 6(2) The Defendant Mine Industry shall have 184 employees of the management body, and the arrangement of departments shall be operated under the responsibility of the Defendant Mine Industry. Article 7(1) The remuneration (including the remuneration of employees) the management office employees (including the remuneration, allowances, and bonuses) and retirement benefits shall be paid within the operating expenses of the management office, and shall be imposed and collected on occupants by including them in the general management expenses under the Enforcement Decree of the Housing Act.

Article 9 (Execution and Management of Funds) (1) Annual management office operating expenses of KRW 2,427,00,000 (including additional taxes only on consignment management fees) shall be executed in such a way that the monthly equal amount of KRW 202,250,000 per month does not exceed the amount under the responsibility of the Defendant Mine Industry. (3) Defendant Mine Industry shall report to the Plaintiff matters concerning the execution and funding management of the monthly management office operating expenses.

4) All funds shall be deposited in or received from financial institutions determined by the Plaintiff. Article 17 (In order to guarantee the performance of this Agreement, Defendant Mine Industry shall set up more than one joint and several sureties recognized by the Plaintiff, and the joint and several sureties shall be jointly and severally liable with Defendant Mine Industry for matters concerning the responsibility of Defendant Mine Industry under this Agreement.

Other agreed terms and conditions

3. Entrusted management fees, other than those, for the defendant mining industry that is a consigned management company.

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