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(영문) 서울중앙지방법원 2019.01.30 2017가단5240888
위약금 등
Text

1. Defendant B Co., Ltd.: 48,282,500 won and 5% per annum from January 12, 2018 to January 30, 2019.

Reasons

1. Facts of recognition;

A. The related defendant association of the parties is a business entity constructing the D Apartment in Gangnam-gu Seoul Metropolitan Government (hereinafter “the apartment of this case”). The defendant company is a housing management operator entrusted by the defendant association with the management of the apartment of this case, and the plaintiff is a security company that entered into a facility security service contract for the apartment of this case.

B. On December 20, 2016, the Defendant Cooperative entered into a consignment management contract with the Defendant Company with the following content in order to entrust the management of the instant apartment to the Defendant Company.

1) Contract term: From February 28, 2017 to February 27, 2018 (the contract term may change due to the formation of the council of occupants' representatives): Matters approved by the defendant's association under Article 15 of the monthly 297,254 (Additional Tax No. 3): The head of the management office of the defendant's company must execute the contract with the defendant's association after obtaining prior approval on the budget and settlement of accounts, etc.

(1) The contract period: from March 1, 2017 to February 28, 2021, the Defendant Union concluded a contract of this case; (2) the service fee: KRW 13,795,000 per month; and (3) Article 18 of the Plaintiff’s termination right: If it is impossible to provide service due to a cause attributable to the Defendant Company or the occupant of the apartment of this case, the Plaintiff may set a demand to cooperate with the Defendant Company for a considerable period, and the contract may be terminated if the Defendant Company fails to comply with the request even after the lapse of the extended period after the peremptory notice.

3) Penalty under Article 19: In the event that a contract is terminated under Article 18 of the instant contract, the Defendant Company shall pay a certain amount of money as penalty for breach of contract according to the remaining contract term. 4) The Defendant Company’s obligations under Article 20: the Defendant Company.

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