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(영문) 대구지방법원 2016.11.09 2015가단48563
보관료
Text

1. The council of occupants' representatives held by the defendant A, which held that the plaintiff 24,200,000 won and that for this, the council of occupants' representatives held by the defendant A from November 10, 2015 to January 6, 2016.

Reasons

1. Facts of recognition;

A. The council of occupants' representatives held by the defendant A(hereinafter referred to as the "the defendant A's representative council") is the council of occupants' representatives comprised of six Dong representatives elected from six A apartment complexes in Daegu Suwon-gu B.

The defendant council of occupants' representatives set the contract term from April 1, 2013 to March 31, 2015 and entrusted the management of A apartment to C, a housing management service company.

B. Around May 2013, the council of occupants' representatives held that the Defendant A's representatives agreed on the apartment-unit waterproofing construction on each apartment-unit, and selected two-way corporations through bidding, and entered into a contract for double-sea construction and waterproof construction in the name of the head of the management office.

However, the defendant A's representative council refused to pay the construction cost on the ground that the bid document was false while the two-way construction was in progress, and accordingly, the two-way construction suspended the construction work by keeping the waterproof Construction Materials listed in the attached list on the apartment rooftop.

C. In accordance with Article 27 of the A Management Rules (No. 4), the Defendant A council of occupants’ representatives shall hold a meeting in the situation where three of the Dong representatives (one of the six representatives shall resign and shall have held a vacancy), among which January 2, 2014 and January 8, 2014 are present, and make a decision with the consent of a majority at the time of election of at least 2/3 of the prescribed number of the council of occupants’ representatives.

Attached Form

The custody of waterproof Construction Materials in the list was entrusted to the Plaintiff and the storage fees was determined to be paid as earned surplus.

According to this resolution, on January 13, 2014, the defendant A council of occupants' representatives concluded a contract between the plaintiff and the plaintiff for the entrustment of the storage of waterproof materials in the attached Form 1210,000 won per month (hereinafter "the contract of this case").

The contract of this case is indicated as "A, the representative director of the management body of the representative president, and the representative management director D" by the name of the contractor of the defendant A's representative council, and the changed management office shall be the changed management office.

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