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(영문) 대전지방법원 2018.04.05 2016가단219577
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 93,33,379 and the interest rate of KRW 15% per annum from November 24, 2017 to the day of full payment.

Reasons

1. Facts recognized;

A. The Plaintiff is a management, maintenance, and repair company of facilities, and the Defendant is a local government that is composed of owners of the building of the second and the eighth (B; hereinafter “instant building”).

B. On January 1, 2011, the Plaintiff concluded an entrustment contract with the Defendant for the management of the instant building (hereinafter “instant contract”). The important part is as follows.

Monthly operation and management expenses shall be KRW 8,206,510 ( KRW 9,027,160, including surtax separate, value added tax), and the number of operation and management personnel shall be increased and adjusted in consultation with the defendant, if necessary, and the operation and management expenses shall also be increased accordingly.

The term of the contract shall be from January 1, 201 to December 31, 2011, and this contract shall be automatically extended under the same conditions if no objection is raised between the parties at least one month before the expiration of the contract.

(Article 3 of the contract) Repayment of overdue management expenses: In the event that the management and operation of the building of the entrusted management company is difficult due to the overdue management expenses of the tenant and the owner, the entrusted management company shall make every effort to lend the shortage and appropriate it for the maintenance and management, and to keep it difficult.

Provided, That the repayment of a loan by an entrusted management company shall be repaid together with the principal and interest rate by applying the interest rate of 2% per annum.

(Article 6(4) of the Contract)

C. When difficulties arise, such as excessive arrears in the management expenses of the instant building, the Defendant demanded the Plaintiff to lend money based on the instant contract, and borrowed a total of KRW 37.2 million over six times from January 201 to November 2012.

The Plaintiff managed the instant building by September 2013, and the Defendant directly managed the instant building from October 2013.

E. The Plaintiff urged the Defendant to pay the loan and unpaid management expenses, and was paid KRW 10 million from the Defendant for five times in 2014, and was additionally paid KRW 22 million on March 2, 2015 and KRW 5 million on April 7, 2015.

(f)in this regard;

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