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(영문) 서울남부지방법원 2020.09.10 2019나59439
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. On December 24, 2015, the Plaintiff entered into an elevator maintenance contract (hereinafter “first contract”) with the Defendant Company C (hereinafter “C”) and the Gangseo-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”), setting the monthly maintenance fee of KRW 1,210,00 (including value-added tax, KRW 55,00 per month), and the contract period from January 1, 2016 to December 31, 2016.

The main contents are as follows, and the plaintiff paid all maintenance fees to the defendant by December 31, 2016 according to the contract No. 1.

The term “A” means the Defendant and the members of “B”, “A”, “A, for the efficient maintenance and management of the Plaintiff and the members of “B”. Article 2 (Composition, etc. of Joint Contractor) ① “B” is organized as follows, and the duties in charge of each member are as follows. The duties of each member are as follows: (a) the duties of the members are general management, including coordination, management, etc. of the duties of maintenance and management of the Company B in charge of members B, the duties of the members, the duties of the call center operation (including city technical assistance), the remote check and remote long-distance response (including city technical assistance) such as the operation of the call center (including city technical assistance), the special check, the repair of defects (if necessary), the repair of defects, and the replacement of parts; and (b) the representative of “B” shall be B. The representative of “B” shall represent “B” and other third parties, and plan, coordinate, adjust, and manage the performance of the overall elevator maintenance and management work, and the contract shall be terminated upon the replacement of the elevator type B.

On November 28, 2016, the Plaintiff is an elevator of the instant apartment between the Defendant and the Defendant.

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