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(영문) 부산지방법원 동부지원 2017.02.09 2016가단205412
용역비
Text

1. The Defendant’s KRW 10,347,560 for the Plaintiff and the following day: 6% per annum from March 1, 2016 to February 9, 2017.

Reasons

1. Basic facts

A. The building A located in Suwon-gu Busan (hereinafter “instant building”) is an aggregate building of the fourth and tenth floor underground.

B. The sectional ownership of the instant building was divided from the first floor to the tenth floor above ground. Nonparty C purchased all the remaining floors except the 6 and the 7th floor of the instant building from March 2010 and entrusted it to the K non-real estate trust, but acquired the ownership by termination of the trust contract around June 2010.

On the other hand, C acquired the ownership of the 6th and 7th floor of the instant building until 2011.

C. On March 2010, Nonparty C, etc. established a management body under the name of “A management body” (the identification number: D) for the management of the instant building (hereinafter “A management body”), and appointed Nonparty C as its representative.

On April 1, 2010, A Management Body concluded a building management service contract with the Plaintiff (hereinafter “instant service contract”).

In the instant service contract, the Plaintiff received services from the A management body and managed the overall building of this case, such as facilities, expenses, U.S. dollars, etc., and received payment of KRW 6,776,00 per month (including additional taxes) as the service price, and the term of the contract was from April 1, 2010 to March 31, 201, and determined that the term of the contract may be extended by consultation two months before the expiration of the contract.

E. C has omitted the financial status from September 2012, and around January 2013, the individual rehabilitation procedure against C was commenced.

As a result, in December 2010, C made a property preservation disposition on the remaining floors except 3, 4, 5, and 6 stories contributed to the Gangwon Medical Foundation by the medical corporation around December 201.

F. On March 21, 2013, the Plaintiff filed a lawsuit seeking payment of KRW 27,656,000 from March 2012 to October 2012 against the Busan District Court’s Dong Branch Branch A, which was sentenced to a favorable judgment on March 21, 2013 (Dasan District Court’s Branch Branch Branch Branch 2012Ga24691).

(g)...

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