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(영문) 서울중앙지방법원 2018.07.19 2017가합541583
용역비
Text

1. The Defendant’s KRW 435,609,173 as well as 6% per annum from April 1, 2017 to July 3, 2017, and the following.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 8 (including each number, if any; hereinafter the same shall apply), Eul evidence 1, 2, 7 and 12.

The defendant is the council of occupants' representatives of the new Young-gu 17-Jakdong-gu Cheongju-si 17-Jakdong-gu Daakdong-gu 17-Jakdong-gu.

On December 23, 2015, the Plaintiff, a housing management operator, concluded a contract with the Defendant for the management of the instant apartment from January 1, 2016 to December 31, 2018 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 5 (Organization of Entrusted Management Organization) (1) The Plaintiff shall establish an entrusted management organization whose head of the management office is the general manager in the Defendant’s management office.

(2) The entrusted management organization shall assign the following human resources:

1. Personnel for clerical services: Five persons;

2. Technical personnel: 14 persons.

3. Guard manpower: forty-three persons;

4. Cleaning personnel: 25 persons in charge of cleaning personnel: The limit of the Plaintiff’s responsibility for entrusted management shall be limited to the common areas, etc. of the defendant’s collective housing in addition to the matters prescribed by the Housing Act and subordinate statutes, and the reasons therefor shall be as follows:

1. Where the plaintiff or the plaintiff's employee inflicts damage on the building or facilities intentionally or by gross negligence;

2. Where the plaintiff or the plaintiff's employer inflicts loss on the tenant, etc. on purpose or by gross negligence;

3. When the plaintiff or the plaintiff's employee inflicts a safety accident or money accident on purpose or by gross negligence, the defendant under Article 11 (Payment of Entrustment Management Fee) shall pay the entrusted management fee of seven won per square meter per month to the plaintiff.

(Management area: 510,852 square meters)

B. On October 12, 2016, the Defendant requested the Cheongju Mayor to conduct an audit of the Plaintiff’s duties, etc. on the instant apartment, and the Cheongju Mayor on December 30 of the same year.

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