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(영문) 인천지방법원 2020.06.11 2019가단239420
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 2018, registration of preservation of ownership in D’s name was completed on each unit of the instant condominium building (hereinafter “instant condominium building”) with respect to the first floor of reinforced concrete structure, the first floor of reinforced concrete structure, and the second floor above the ground (hereinafter “instant condominium”) in Kimpo-si.

B. On October 15, 2018, the Plaintiff entered into a building contract management agreement with D and D to entrust the Plaintiff with the management of the instant aggregate building (three apartment and commercial buildings) with management expenses of KRW 1,586,00 (excluding value-added tax) and the period from November 1, 2018 to October 31, 2021.

C. The Defendant is a managing body consisting of sectional owners of the instant condominium building. On December 26, 2018, the Defendant elected the representative through an extraordinary general meeting, and completed the registration of the unique number in the Kimpo book on March 4, 2019.

On February 15, 2019 and February 26, 2019, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff had been engaged in the management of the instant condominium, but decided to terminate the management contract with the Plaintiff, and notified that the contract is terminated on February 28, 2019, the contract is terminated.” The Defendant sent each of the above certificates to the Plaintiff at that time.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, 7, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion: (a) the Defendant’s unilateral reason for the Defendant’s failure to clean up and file a civil petition was the termination of the contract with the Plaintiff; (b) the Defendant’s assertion does not constitute grounds for termination of the contract; and (c) the Plaintiff caused damages not paid the entrusted management fee amounting to the remainder of the management contract (32 months) (i.e., KRW 1,478,400 per month x 32 months); and thus, the Defendant is obligated to compensate for the Plaintiff’s damages arising from the termination of the contract, and damages for delay.

② On January 2, 2019, the Plaintiff’s instant condominiums.

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