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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s status and contract relationship are a management body comprised of sectional owners for the purpose of managing an aggregate building (hereinafter “instant building”) located in Yeongdeungpo-gu 1195-3, Yeongdeungpo-gu, Seoul Special Metropolitan City. The Defendant is a company that aims at building management business and facility management business, etc.
On October 1, 2010, the Plaintiff entered into an entrustment contract with the Defendant with the terms of entrusting the management of the instant building.
On December 1, 2011, the instant contract was concluded again, and the term of the contract was implicitly renewed from December 1, 2012 to November 30, 2013. Around December 1, 2012, the term of the contract was explicitly renewed from November 1, 2012 to December 30, 2013. Around December 1, 2013, the term of the contract was implicitly renewed from December 1, 2013 to November 30, 2014.
(hereinafter collectively referred to as “instant contract”). The instant contract was terminated on March 28, 2014 by the Plaintiff’s notice of termination.
B. Paragraph (1) relating to management expenses among the instant contract, and the pertinent provision on December 1, 2012 relating to the contract on October 1, 2010, are identical alternatively to the content of the pertinent contract. However, inasmuch as only the monthly fixed amount, etc. is different, only the relevant provision of the contract on October 1, 2010 shall be stated below.
(The monthly fixed amount of the contract of December 1, 2012 is KRW 6.1 million and the amount is KRW 3,300,000). Article 7 (Imposition and Collection of Management Expenses) ① Management Expenses are accompanied by the monthly fixed amount of the service contract based on the annual budget bill adjusted by the plaintiff and the defendant, and the settlement system of actual expenses incurred each month.
A) The Plaintiff and the Defendant are as follows: (a) The monthly fixed amount of KRW 4.230,000 per month based on the annual budget of future weather before death, which is 6,107.53 square meters of the calculated area agreed upon and adjusted by consultation, is KRW 2,290 per square year; (b) the monthly fixed amount of KRW 4.230,000 per square year; and (c) the amount of money per square year shall be imposed and collected; and
B) The composition of personnel expenses, welfare expenses, allowances (annual, night hours, extension), personnel expenses reserve (retirement allowances, bonuses, etc.).