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(영문) 서울북부지방법원 2019.06.19 2018나35286
수수료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of apartment management business, etc., and the defendant is an autonomous organization composed of occupants for the management of apartment houses, incidental facilities, and welfare facilities of B apartment in Seoul Special Metropolitan City, Nowon-gu (hereinafter "the apartment of this case").

B. On October 28, 2016, the Plaintiff entered into an entrustment management contract with the Defendant on the management of multi-family housing, ancillary facilities, and welfare facilities of the instant apartment (hereinafter “instant entrustment management contract”), and the main contents of the contract are as follows.

Article 2 (Entrusted Management Affairs)

1. The management affairs entrusted by the Defendant to the Plaintiff are as follows:

Affairs of the managing bodies under each subparagraph of Article 63 (1) of the Multi-Family Housing Management Act and each subparagraph of Article 29 of the Enforcement Rules thereof.

B. In addition to the duties prescribed in subparagraph 1, the Plaintiff shall observe the statutes and the management rules related to the management of multi-family housing management and multi-family housing in accordance with the Enforcement Decree of the Multi-Family Housing Management Act, the Enforcement Rule of the same Act, and the Enforcement Rule of the same Act, and shall manage multi-family housing,

Article 12 (Payment of Fees for Entrusted Management) The defendant shall pay to the plaintiff the fees for entrusted management of KRW 1,962,989 (Additional Tax) as of the last day of each month.

Article 13 (Term of Contract)

1. The term of this contract shall be from December 1, 2016 to November 30, 2019 (three years).

Article 14 (Termination of Contracts)

1. The defendant and the plaintiff may terminate the contract in the following cases, and may claim compensation for damages arising therefrom:

When he/she prepares and submits false documents concerning the financial status, housing manager, technical personnel, equipment, etc. of the plaintiff;

B. When the Plaintiff entered into a contract by unlawful act, such as offering money and valuables

(c) Where the Plaintiff was cancelled or was ordered to suspend all or part of his business;

D. The defendant or the plaintiff entered into a contract without any special reason.

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