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(영문) 인천지방법원 2015.12.08 2014가단227576
정산금 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,616,463 to the Defendant (Counterclaim Plaintiff) and its related amount from September 16, 2015 to December 8, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 2, 2, 3, and 6, and Eul evidence Nos. 10, 1, 2, 2, 3, and 6, together with the whole purport of the pleadings.

On February 15, 2008, the Defendant entered into a comprehensive management contract (hereinafter referred to as “instant management contract”) with the owner C and D, who is the sectional owner and seller of the instant aggregate building located in Nam-gu Incheon Metropolitan City (hereinafter referred to as “instant aggregate building”) to January 31, 2010 during the management period for the instant building from February 1, 2008 to January 31, 2010.

B. The buyers of the instant building were sold in lots from C and E, a seller of the instant building in 2007 to 2008, and the buyers entered into a contract with the building management service company (less than two years) prior to the date of the store location, and the buyers agreed not to raise any objection against the contract, and succeed to the service contract.

C. Around September 2008, the Plaintiff is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, comprised of sectional owners of the instant building. On October 28, 201, the Plaintiff sent to the Defendant a certification of the content that the management company will take over and take over the management affairs, etc. of the new management company, as it is scheduled to select a new management company regarding the instant building and enter into a management entrustment agreement. On January 17, 2012, the Plaintiff sent to the Defendant a certification of the content that the instant management entrustment agreement will be terminated as of January 31, 2012.

On January 15, 2012, the Plaintiff entered into an entrustment of management during the management period of the instant building with EM Co., Ltd., starting from February 1, 2012 to January 31, 2014, with the intention to perform the duties related to the management of the building, including facility management and security services. The Defendant filed against EM on April 23, 2012.

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