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(영문) 서울북부지방법원 2019.08.23 2017가단119537
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 15,00,000 as well as its full payment from August 24, 2019.

Reasons

1. Facts of recognition;

A. On May 12, 2014, the Plaintiff and the Defendant entered into an agreement on the consignment operation of the residents’ community facilities (hereinafter “instant agreement”) with the content that the Defendant provided the insignia center located in B apartment complex (hereinafter “instant facilities”) and its ancillary facilities (hereinafter “the instant facilities”). The Plaintiff entered into the agreement on the consignment operation of the residents’ community facilities (hereinafter “instant agreement”) with the content that the Plaintiff would provide services and operating services necessary for the consignment operation. The main provisions of the agreement are as follows.

Article 4 (Implementation of Project Plans)

1. The plaintiff must faithfully implement the project plan presented in a written estimate for the selection of an entrusted company of the community facilities.

2. Where a defendant violates paragraph (1) without any special ground recognized by the defendant, the defendant may terminate the main contract.

Article 5 (Payment of Public Charges)

1. The Plaintiff’s public charges (such as electricity, water, gas, etc.) used to maintain and manage the subject matter of operation as specified in Article 2 shall be paid as of the last day of each month through the Defendant’s internal settlement, and commission fees, employees’ benefits, etc. shall be paid at the tenth day of the following month as of the last day of each month.

Article 6 (Contract Performance Guarantee Insurance Policy)

1. Although no security deposit for operation of the goods entrusted with operation specified in Article 2 exists, the plaintiff shall submit (Omission) security insurance policy to the defendant;

(Provided, however, the cost of repair due to the repair of all equipment in the community within the contract period shall be repaired by the Plaintiff within seven days, and the repair cost shall be paid in preference to the entrustment fee and personnel expenses in the community passbook. 2. The Defendant shall pay the entrustment fee to the Plaintiff at the end of each month.

3. The Plaintiff shall pay KRW 21,458,438, which is included in the written estimate, to the Defendant at the end of 596,070 for each 36 months’ payment on a monthly basis.

Article 13 (Defendant's Right to terminate Contract) When any of the following grounds arises, the defendant may terminate this contract without a peremptory notice:

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