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(영문) 서울중앙지방법원 2013.01.10 2011가단261222
관리비
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Guri-si Building A (hereinafter “instant commercial building”) consists of A and B, and around November 2002, registration of preservation of ownership was made in the name of sectional owners, and around that time, the commercial building was composed of shop owners and lessees (hereinafter “instant prosperity”) and managed the said building.

B. On November 1, 2002, the Plaintiff entered into a contract for the management of common areas among the instant commercial buildings (hereinafter “instant management contract”) with the president B of the said prosperity, a commercial management organization, from that time to September 2008, while managing the instant building while performing the duty of collecting management and management expenses for commercial buildings from that time.

C. The main contents of the instant management contract are as follows.

Article 2 (Contract Terms) From November 1, 2006 to October 31, 2008

Provided, That where there is no written notice of termination of the contract 60 days prior to the expiration date, it shall be automatically extended under the same conditions.

Article 3 (Joining Persons and Contract Amount)

1. The number of inputs shall be three persons in total;

2. The contract price (contract price) shall be 5,121,800 won per month;

Article 4 (Management Expenses)

1. In principle, management expenses shall be paid in advance for one month;

2. The expenses for the management of players shall be collected from 10,000 won per ordinary day.

Provided, That until a commercial building is activated, it shall be withheld.

3. The management expenses shall be imposed on the actual expenses from the first day of each month to the last day, and the fifth day of the following month to the due date for payment.

7. Monthly management expenses shall be collected from the occupant enterprise in the name of the plaintiff;

The collection method shall be the settlement of actual expenses allocated to each enterprise which has occupied the monthly total management expenses.

8. In the event that the Plaintiff’s failure to collect and disburse the management expenses hinders the management performance, the management body “A” shall actively cooperate with the Plaintiff and resolve the unpaid amount.

9. Unclaimed management expenses incurred by the Plaintiff, even though the Plaintiff took legal measures for the recovery of the attempted management expenses, shall be deemed as losses on the management expenses account.

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