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(영문) 서울고등법원 2018.08.23 2018나2001368
부당이득금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of representatives from each Dong elected by occupants for the management of the Gangnam-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”), and the Defendant and the co-defendants of the first instance court are companies with the purpose of managing apartment houses and buildings.

B. On September 27, 2006, the Plaintiff refers to all the expenses, such as the entrusted management fee (including additional tax), wage, wage, general expenses, and communication expenses of the management office (including guard, etc.) in the apartment management operation plan presented by the Defendant when the Plaintiff calls for the Plaintiff, and the expenses of the entrusted management contract (hereinafter referred to as “management contract of this case”) with the Defendant from October 1, 2006 to September 30, 2008, and the expenses of the entrusted management office (hereinafter referred to as “management contract of this case”) under Article 2 (Definition of Terms), Article 2 (6) of the Management Contract.

Article 3 (Period of Contract) (1) This Agreement shall be two years from October 1, 2006 to September 30, 2008. 2) In entrusting the management work to the Defendant, the Plaintiff agrees to pay KRW 27 won per month in entrusting the management work to the Defendant x 142,394 = 3,84,638 (including surtax).

Article 6(2) The defendant shall have 184 employees of the management organization and the placement of departments shall be operated under the responsibility of the defendant. Article 7(1) of the Act shall be paid the salaries (including salaries, allowances, and bonuses) and retirement benefits to the employees of the management organization within the "management organization operating expenses", but shall be paid within the "management organization operating expenses", and shall be imposed and collected on the occupants by including them in the general management expenses under Article 15(5) of the Enforcement Decree of the Housing Act.

Article 9 (Execution and Management of Funds) (1) Annual “Operational Expenses of the Management Office” (including additional taxes only on consignment management fees) shall be executed and operated in such a way that the monthly equal installments of KRW 202,250,000 per month does not exceed under the Defendant’s responsibility. 3) The Defendant has executed the “Operation Expenses of the Management Office” monthly.

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