beta
Text
1. The Defendant’s KRW 136,751,00 among the Plaintiff and KRW 115,817,00 among the Plaintiff, shall be KRW 20,934,00 from October 12, 2013, and KRW 20,934,00.
Reasons
1. Facts of recognition;
A. On April 4, 2011, the Plaintiff entered into a management service contract (hereinafter “instant management contract”) with the Defendant, the management body of the said building, providing the contract period from April 1, 201 to April 30, 2013, with the contract amount of KRW 10,637,000 (including value-added tax) (hereinafter “instant management contract”) and performed the management of the instant building.
B. From October 2012, the Plaintiff and the Defendant agreed to reduce the monthly service cost to KRW 10,467,00,000, and on March 25, 2013, the period of the instant management contract extended by one month until May 31, 2013, and thereafter, the period of the contract was extended by five times each month until October 31, 2013.
C. The Plaintiff did not receive the service cost after April 2012. The Plaintiff received the payment of KRW 10,637,000 from the Defendant on April 12, 2013 and May 2, 2013, and appropriated it for the service cost on April 5, 2012.
Since then, the Plaintiff received each payment of KRW 10,467,00 from the Defendant on July 12, 2013, KRW 10,467,00, KRW 10,467,00 on August 5, 2013, and KRW 10,467,00 on September 3, 2013, and appropriated each payment for service costs from May 8, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 9, and the purport of the whole pleadings
2. According to the facts of recognition as to the cause of the claim, the Plaintiff is not 10,637,00 won each month from April 201 to October 2013, 201, and even from June 2012 to September 2013, and from October 2012 to April 2013, and from September 2013 to October 2013, the service cost to be paid to the Plaintiff is 136,751,00 won (10,637,000 x 410,467,000 x 9).
The Plaintiff asserted that he/she performed the management of the instant building by November 30, 2013, and sought payment of KRW 10,467,000 for the service cost on November 2013, but it also sought evidence Nos. 6 and 2.