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(영문) 서울고등법원 2017.05.12 2016나2062987
위탁관리업무재개 및 관리소장 복직청구 등
Text

1. Of the judgment of the court of first instance, 422,182 won and 2,873.

Reasons

1. Basic facts

A. From January 1, 2012 to December 31, 2011, Plaintiff New Young-gu Housing Management Co., Ltd. (former name before the alteration: EPM Co., Ltd.; hereinafter “Plaintiff Co., Ltd.”) entered into an entrusted management contract with the Defendant, the Plaintiff Co., Ltd., as the head of the management office of the said apartment from January 1, 201 to December 31, 201, managed the instant apartment (hereinafter “instant apartment”). The Plaintiff Co., Ltd., as the head of the management office of the said apartment from December 17, 2012 to manage the apartment (hereinafter “instant apartment”).

Article 9 (Limited Liability Limit) (1) Except as otherwise provided for in the Housing Act and subordinate statutes, the limit of liability for entrusted management shall be limited to the common areas, etc. of collective housing of A, and the reasons therefor shall be as follows:

1. Where the employee of the plaintiff company or the plaintiff company inflicts damage on the building or facilities on purpose or by gross negligence;

2. Where the employee of the plaintiff company or the plaintiff company inflicts loss on the tenant, etc. by intention or gross negligence;

3. When the plaintiff company or the employee of the plaintiff company inflicts a safety accident or money accident on purpose or by gross negligence, the defendant under Article 11 (Payment of Entrustment Management Fee) shall pay to the plaintiff company the entrusted management fee of KRW 1,407,276 (including surtax) every month.

Article 13 (Cancellation of Contracts) (1) The plaintiff company and the defendant may terminate the contract when any of the following grounds exist, and may claim damages for such reason:

1. When the plaintiff company prepares and submits false documents concerning its financial status, housing manager, technical human resources, equipment, etc. in possession;

2. When the plaintiff company entered into a contract by illegal means, such as offering money and valuables;

3. When the plaintiff company is cancelled or it is subject to a disposition to suspend all or part of its business;

4. When the defendant or the plaintiff company has failed to perform the contract without any special reasons.

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