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(영문) 의정부지방법원 고양지원 2018.04.20 2017가합75425
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) Company B is from September 11, 2017 to KRW 1,133,000 to the Plaintiff (Counterclaim Defendant) and its related amount.

Reasons

1. Basic facts

A. The status of the party is a management body composed of sectional owners of the building A (hereinafter “instant commercial building”) in Yongsan-gu, Busan Metropolitan City, where the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) is applicable. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a service company that Defendant C is the representative director of the building and is in charge of the management of the instant commercial building from 2004. Defendant D is a person who was a manager as the plaintiff’s representative, and Defendant E is a person who was an agent for the plaintiff.

(1)(1)(b) unless there is a separate indication, including the certificate, number, hereinafter the same shall apply.

On February 18, 2014, the Plaintiff entered into a service contract with regard to the management of the instant commercial building, which was in charge of the management of the instant commercial building, from February 1, 2014 to January 31, 2017; and 16,934,000 won per month for service costs (including value-added tax, the last day of each month, the payment of service costs, and the settlement according to the unit price and the number of inputs).

(hereinafter referred to as “instant management services contract”) (Evidence A No. 1) (c).

(1) On January 21, 2014, the Plaintiff held a meeting of the management body and passed a resolution to appoint Defendant D as the Plaintiff’s manager.

(B) On March 20, 2014, F, a sectional owner of the instant commercial building, filed a lawsuit against the Plaintiff and Defendant D seeking the revocation of the resolution of the management body meeting as of January 21, 2014 and the confirmation that Defendant D is not the Plaintiff’s manager.

(2) On May 7, 2014, Defendant D, following a resolution by the management committee to which the Plaintiff belongs, shall pay 4,400,500 won (hereinafter “the first attorney’s fee”) to the Plaintiff, the attorney’s appointment fee for the Plaintiff, and 4,400,50 won (hereinafter “the first attorney’s fee”) for the Plaintiff’s lawsuit against F.

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