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(영문) 광주지방법원 2016.10.13 2015가단55903
용역비
Text

1. The Defendant’s KRW 71,982,578 for the Plaintiff and its related KRW 5% per annum from October 29, 2015 to January 12, 2016.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 21 and arguments as to the cause of the claim, the plaintiff entered into three management services contracts with the defendant on July 17, 2014 with the term of contract from July 5, 2014 to July 4, 2015 (hereinafter "the building of this case") for the management of Seo-gu A (hereinafter "the building of this case") located in Gwangju-gu (hereinafter "the building of this case") (hereinafter "the contract of this case"), and Article 6 (2) of the contract of this case "where the next contract is not renewed due to circumstances, this contract shall be maintained until the acquisition and transfer of management affairs of new management companies, etc. is completed," and the plaintiff provided management services accordingly, the defendant shall pay service charges up to August 20, 2015, and the defendant shall not pay service charges up to 71,982,578 won to the plaintiff pursuant to the order of this case.

In order to apply the above 6(2), the defendant must have the legality and legitimacy of the grounds for delay in the transfer of management affairs, on the premise that the above 6(2) is applied. Since the plaintiff rejected the transfer of management affairs and his act constitutes a tort, the above 6(2) cannot be applied to the defendant's representative's acting director (hereinafter " acting director") in full view of the contents of evidence Nos. 3 and 4 and the whole purport of argument, the defendant's acting director of the manager of the building of this case (hereinafter " acting director") shall select the next designated service company to take charge of specific management of the building of this case as the above contract expires on July 4, 2015. On May 29, 2015, the Gwangju High Court selected the controlled entity through a competitive bid, and applied for permission from the Gwangju High Court on July 9, 2015 to conclude the contract with the above entrusted management affairs.

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