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(영문) 부산지방법원 2017.10.17 2016가단347396
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a management entity that determines and executes matters concerning the maintenance and management of multi-family housing, its site, welfare facilities, and ancillary facilities of the Suduk-ro 234-gil, Busan, Seocheon-ro, 234-gil (hereinafter "the apartment of this case"). The plaintiff is a housing management operator established for the purpose of the management business of multi-family housing.

B. On August 18, 2015, the Plaintiff and the Defendant entered into a collective housing management contract with the Defendant to delegate the management of the instant apartment, its incidental facilities and welfare facilities to the Plaintiff (hereinafter “instant entrusted management contract”). The main contents are as follows.

Article 3 (Entrusted Management Affairs) The management affairs entrusted by "A (Defendant; hereinafter the same shall apply) to "B (Plaintiff; hereinafter the same shall apply)" shall be as follows:

1. Affairs of the managing bodies provided for in each subparagraph of Article 55 (1) of the Enforcement Decree of the Housing Act and each subparagraph of Article 25 of the said Rule; and

(a) Maintenance, repair and safety management of common areas of collective housing. Article 4 (Period of Contract)

1. The duration of this Agreement shall be from September 1, 2015 to August 31, 2018 (three years).

Article 7 (Duty to Observe)

1. “B” must comply with the Housing Act, the Acts and subordinate statutes, and the management rules and regulations of “A” related to the management of multi-family housing, and manage the multi-family housing of “A” as a good manager.

Article 8 (Payment for Services)

1. Prices for services: 437,310 won per month of the entrusted management fees under Article 58 (1) 9 of the Enforcement Decree of the Housing Act (excluding surtax); and

Article 23 (Termination of Contracts)

1. “A” may terminate a contract in any of the following cases, and may claim damages arising therefrom against “B”:

“B” violates the obligations under this Agreement;

2. Where “A” and “B” intend to terminate a contract pursuant to paragraph 1, they shall notify the other party of the details thereof in writing one month prior to the termination of the contract.

C. The Defendant around June 13, 2016.

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