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(영문) 서울고등법원 2016.10.14 2015나2049611
운영대금지급의 소
Text

1. The first instance judgment, including a claim added and reduced in the trial, shall be amended as follows:

. The Counterclaim.

Reasons

1. Basic facts

A. Counterclaim is a company with the purpose of entrusting the operation of a sports center and a community center.

Counterclaim Defendant is an organization organized on behalf of the occupants, etc. of Seodaemun-gu Seoul Metropolitan Government A Apartment (hereinafter referred to as the “instant apartment”).

B. On February 6, 2013, the head of the instant apartment management office, among the appurtenant buildings to the apartment of the instant apartment, announced a public announcement of the selection of the controlled entity of the common facilities for residents, and the Lessee participated in the said bidding and was selected as a priority negotiation

C. On February 15, 2013, the Lessee entered into an entrusted management contract with the Counterclaim Defendant for the instant apartment complex (hereinafter “instant community center”) as follows (hereinafter “instant entrusted management contract”).

The instant consignment management contract (No. 2) states the other party to whom the instant consignment management contract was entered into with the Counterclaim Plaintiff as the head of the instant apartment management office, but the fact that the instant consignment management contract was actually concluded between the Counterclaim Plaintiff and the Counterclaim Defendant does not conflict between the parties. Thus, the instant consignment management contract and the Counterclaim Defendant are determined by deeming the Counterclaim Plaintiff

Article 3 (Period of Contract) of the instant consignment management contract shall be three years from the opening date (from March 10, 2013 to March 9, 2016).

Article 4 (Payment of Contract Guarantee/Management Expenses) (3) The Counterclaim may use arterial facilities, such as electricity, water, gas, etc. in the complex in consultation with the Counterclaim Defendant, and in principle, if the installation of measuring instruments is not possible at the request of the Counterclaim Defendant, the basic unit price according to the quantity of water used shall be determined in consultation with the Counterclaim Defendant and the Counterclaim Defendant, and the Counterclaim Defendant shall deposit and manage the management expenses imposed.

Article 8 (Termination of Contract and Compensation for Damages) (2) The counterclaim defendant violates the important matters.

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