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(영문) 부산지방법원동부지원 2019.09.05 2019가합100164
계약무효확인등
Text

1. It is confirmed that the service contract that the Plaintiff and the Defendant concluded on July 1, 2017 is extended by June 30, 2020 and continued to exist.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of housing management and facility management, etc., and the Defendant is a management body formed pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) consisting of all 148 sectional owners of the Busan Shipping Daegu Btel building (hereinafter “instant building”).

Article 4 of the service contract amount and service payment . (1) Contract amount shall be KRW 9,421,900, and value-added tax shall be separately paid.

Article 5. The term of contract (1) The term of contract shall be from July 1, 2017 to June 30, 2018.

2. The term “A” or “B” shall be deemed to have been automatically extended under the same conditions, in the absence of a written notice to the other party by no later than 30 days prior to the expiration of the term and a written notice of termination upon the expiration

Article 10 (Matters to be Observed) (1) "B" shall comply with the following matters in performing duties:

1.‘B’ must carry out services with due care as a good manager.

3. Other matters concerning the whole affairs and matters instructed by the managing body shall be implemented.

Article 11. (Cancellation or Termination of the Bana Contract) (1) Where a “B” falls under any of the following subparagraphs, the “B” may immediately or in writing notify the “B” of the violation and cancel or terminate this contract by specifying the violation:

1. Where “B” substantially violates Article 10;

B. Around July 1, 2017, the Plaintiff entered into a service contract with the Defendant to be entrusted with services, including the management of the instant building (hereinafter “instant service contract”) with the following content (hereinafter “instant service contract”).

(hereinafter “A” refers to the Defendant, and “B” refers to the Plaintiff.

From July 1, 2017, the Defendant had performed services, such as the management of the instant building from around July 1, 2017.

Article 3 [Management Organization] (1) In order to achieve the purpose of Article 1, a sectional owner shall be comprised of sectional owners.

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