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(영문) 서울중앙지방법원 2017.09.27 2017가단61608
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 13,611,870 among them and KRW 11,20,680 among them, the Defendant (Counterclaim Defendant) shall have the effect on December 11, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 28, 2011, the Plaintiff and the Defendant’s building management services contract, etc. 1) between the Defendant and the Defendant, the building A main complex located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”).

As to the term of the management contract, from April 12, 201 to April 11, 2014, the management service contract was concluded with a management service contract with a monthly amount of KRW 9.3 million, and thereafter, on December 12, 2014, the term of the contract was extended to December 11, 2016, and the service cost was set at KRW 9.38,000 per month (hereinafter “the instant service contract”).

(2) On May 31, 2012, the Plaintiff paid 39,400,000 won to all controlled entities (Korea Light Management Corporation) in lieu of the Defendant’s payment of unpaid service charges to the Defendant, and was paid in installments from the Defendant. The remainder after deducting the amount, etc. that the Defendant returned to the Plaintiff from February 2016 is KRW 8,397,180.

On February 22, 2016, the Plaintiff notified the Defendant of the payment of the above KRW 8,397,180 by February 29, 2016 through content-certified mail.

3) The Defendant did not pay to the Plaintiff KRW 5,214,690 ( KRW 2,803,500,500, total of KRW 2,803,500, and KRW 2,411,190, and KRW 5,214,690 ( KRW 2,803,50, KRW 2,411,190) out of the service cost on September 2016.

(1) On August 23, 2011, the Defendant contracted the instant defect repair work to Nonparty Company with the cost of construction KRW 40 million.

2) On November 14, 2013, the Defendant filed a lawsuit claiming the return of construction price against Nonparty Company on the ground that the Seoul Southern District Court Decision 2013Gaso148729 (“Non-Party Company did not perform the construction works for the electric room of the fifth underground floor under the said contract”) (hereinafter “instant one lawsuit”).

(1) At the time of the instant lawsuit, C filed a suit on behalf of the Defendant at the time of the instant lawsuit, and C withdrawn the suit on behalf of the Defendant on July 22, 2014.

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