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(영문) 대구지방법원 2017.10.19 2017나301337
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of occupants of Daegu Northern-gu A apartment (hereinafter “instant apartment”) and the Defendant is a company entrusted with the management of the apartment.

B. On May 2014, the Defendant entered into the instant consignment management contract (hereinafter “instant consignment management contract”) with C Co., Ltd. (hereinafter “C”) which is the executor of the new construction and sale of the instant apartment (hereinafter “instant apartment”).

The C representative director D (hereinafter referred to as the "A") and the defendant representative E (hereinafter referred to as the "B") under the entrustment management contract for multi-family housing shall conclude the above entrustment management contract with respect to the management of multi-family housing during the compulsory period of the project undertaker of the apartment in this case as follows:

Article 3 (Management Period) (1) The management period under this Agreement shall be from June 30, 2014 to June 29, 2015.

Provided, That when an occupant forms an autonomous management organization and requests a transfer of management affairs with authorization from the head of a Si/Gun/Gu, he shall without delay transfer the management affairs to the relevant autonomous management organization, and in this case, the last day of the entrusted management period shall

Article 5 (Price of Services) (1) “A” shall be the payment key to “B” in return for the service as follows:

1. The fee for entrusted management shall be nonexistent;

2. The payment amount of personnel expenses (basic pay, allowances, retirement allowances, welfare expenses, clothes expenses, expenses for users of the four major social security insurance, etc.) of the management staff (hereinafter referred to as the head of the management office) shall be the amount determined in a separate statement determined in consultation between A and B;

3. The payment key of the cost of guard, cleaning, prevention of epidemics, and cleaning services for water tank shall be the amount determined by the detailed statement of the contract amount to be attached;

(2) "B" shall impose and collect management expenses on the occupants and deposit them into the account of "B".

Article 7 (Duties as Managing Body) "

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