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(영문) 서울서부지방법원 2017.08.23 2015가단18575
용역비
Text

1. The Defendant’s KRW 58,688,780 as well as the Plaintiff’s annual rate from May 1, 2014 to August 23, 2017.

Reasons

1. Facts of recognition;

A. B is an aggregate building of the 4th underground floor and the 5th ground floor located in Seoyang-gu, Busan Metropolitan City (hereinafter “instant commercial building”). The Defendant is the occupant-merchants and the sectional owner who moved in the instant commercial building as its members, and actually serves as the management body of the instant commercial building.

B. Around September 2003, the Defendant entrusted the Plaintiff with the instant commercial building management services, and concluded a service contract (hereinafter “instant service contract”) with the renewal of the service period from September 201 to September 201. The Plaintiff dispatched four employees (one manager, one U.S. dollars, and two security officers) of the Plaintiff to the instant commercial building in accordance with the instant service contract.

C. The Plaintiff dispatched D to the head of the management office of the instant commercial building to manage the building management of the instant commercial building. D, as the head of the management office of the instant commercial building, was in charge of imposing and collecting management expenses for the occupants pursuant to the management rules of the instant commercial building, imposed and collected management expenses, such as general management expenses, cleaning expenses, disinfection expenses, repair and maintenance expenses, electricity fees, water supply and drainage fees, etc. from the occupants of the instant commercial building according to the sale area, etc. However, since January 208, in violation of the above duties, E, who operated the instant commercial building from January 1, 2008, was in arrears with the management expenses for the first and second underground floors of the instant commercial building. Since it did not impose and collect management expenses for the instant commercial building, D, from January 208 to August 2013, 2009, imposed and collected expenses for the management of the instant commercial building to other occupants, thereby incurring considerable loss to other occupants, 1942 and 194 won.

E Concerning the above facts of crime.

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