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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,289,311 to the Plaintiff (Counterclaim Defendant) and its related amount from February 23, 2016 to October 2, 2018.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 30, 2007, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with respect to the building owner E and H and each of the above buildings (hereinafter collectively referred to as “instant buildings”) with respect to the building owner E and F ground G buildings, the owner of the building.
The main contents of the instant contract are as follows.
(A) “E, H, and B” refers to the Plaintiff. The term of the contract under Article 2 (Contract Period) shall be two years from February 1, 2007 to January 31, 2009.
Provided, That if there is no written notification of cancellation in writing by two months prior to the expiration of the contract, it shall be automatically extended under the same conditions as this contract.
Article 5(1) of the Management Rules (Details of Entrustment) In the scope of management affairs, Article 5(1) of the common area (excluding the exclusive use area), incidental facilities, maintenance, repair and safety management of welfare facilities (2) the collection of management expenses, usage fees, and payment of taxes and public charges, 3) the internal management rules of the building and the execution of matters determined by the Commercial Building Operation Committee (4) the matters determined by the management rules and the Commercial Building Operation Committee), the expenses for the remaining items other than the items of general management expenses (limited to the items of wages and four insurance (medical health), national pension, industrial accident insurance, and employment insurance) under Article 22(2) of
Article 6 (Prohibition of Re-entrustment of Entrusted Affairs) No one shall re-contract any affairs stipulated under Article 5 (2).
Provided, That the affairs concerning cleaning, electricity, details of imposition, notice, disinfection, elevator repair, etc. may be re-entrusted to a third party with the approval of A.
Article 11 (Calculation, Imposition, and Operation of Management Expenses) shall be calculated in accordance with the management budget submitted to A, and all relevant Acts and subordinate statutes, and the management expenses shall be calculated monthly at the actual expenses, and the expenses shall be assessed and collected to the occupant.
Article 12 (Management of Deposits) In order to manage the funds of the management office, a creditor bank shall be named as the defendant.