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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a stock company with the purpose of providing mechanical security services, disaster prevention services, building management services, etc., and the Defendant is a management body established for the purpose of performing projects on the management of the building site and its affiliated facilities, as well as Atel located in Yongsan-gu, Yongsan-gu (hereinafter “instant building”) pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings.
B. On August 1, 2013, the Plaintiff entered into a contract for comprehensive management services (hereinafter “instant service contract”) with the Defendant’s Chairperson C, under which the contract period for the instant building was from September 1, 2013 to August 31, 2018, and the contract amount was KRW 12,046,000 per month (excluding value-added tax).
(At the time of the conclusion of the instant service contract, the Plaintiff’s trade name was “Pox Services Co., Ltd.” but was changed to the present trade name on March 1, 2014.
On February 15, 2014, the election commission of the defendant held a temporary management body meeting to be held by the defendant's executive officers and managing members. At the above temporary management body meeting, the election commission of the defendant held the provisional management body meeting of the above 90 co-owners of the building of this case (including 10 occupants, including 10 sectional owners and occupants, and hereinafter "sectional owners" without distinguishing them) as the defendant's chairperson, E as vice-chairperson, and F as auditors (hereinafter "the resolution of appointment of this case"). After the defendant's election commission received the power of delegation from 23 sectional owners of the building of this case who did not attend the above temporary management body to exercise voting rights in accordance with the majority opinion of the above temporary management body, the election commission of the defendant is the chairperson, E as vice-chairperson, F as auditor, and F as executive officers and managing members of the management body to recognize the qualification of executive officers of the management body and to proceed with the affairs of the election management body.