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(영문) 대구지방법원 2019.08.21 2018나318448
퇴직급여충당금 반환청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization that is composed of occupants of the apartment A apartment located in Daegu-gu Seoul Metropolitan Government (hereinafter “instant apartment”), and the Defendant is a company that is entrusted with the management of the apartment.

D The representative E (hereinafter referred to as the "A") and the defendant representative director F (hereinafter referred to as the "B") enter into an entrustment management contract with respect to the management of multi-family housing during the mandatory management period of the project undertaker of the apartment in this case as follows:

Article 3 (Management Period) (1) The management period under this Agreement shall be one year from the commencement date of occupancy.

Provided, That when an occupant forms an autonomous management organization and requests a transfer of management affairs with the authorization of a local government, he shall without delay transfer the management affairs to the relevant autonomous management organization, and in this case, the last day of the entrusted management period shall be until the date of transfer

Article 5 (Price of Services) (1) “A” shall be the payment key to “B” in return for the service as follows:

1. The entrusted management fees shall be deemed nonexistent from one another's claim and payment obligation during the term of the contract stipulated in Article 3 (1);

2. Personnel expenses (basic pay, allowances, retirement allowances, welfare expenses, clothes expenses, expenses for users of the four major social security insurance, etc.) of the management staff (hereinafter referred to as the head of the management office) shall be the payment key to the amount determined in consultation between A and B;

3. The price for services, such as guard, cleaning, disinfection, etc. shall be paid after consultation between "A" and "B";

(2) “B” shall claim “A” until the 25th of each month, and “A” shall be deposited into the account of “B” by the end of the relevant month, and the cost of services referred to in subparagraphs 2 through 3 shall be imposed on and collected by “B” and deposited into the account of “B” by the occupant.

Article 7 (Duties as Managing Body) "B" shall be in accordance with the related Acts and subordinate statutes, such as the Housing Act, and Article 55 (Duties of Managing Body) of the Enforcement Decree of the Housing Act.

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