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(영문) 광주지방법원 2017.08.18 2016나58450
용역비
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 juristic person established for the purpose of apartment housing management business, security service business, sanitary management service business, worker dispatch business, etc., and the Defendant is the management body of Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”).

B. On July 17, 2014, the Plaintiff entered into three management services contracts with the Defendant, setting the contract term from July 5, 2014 to July 4, 2015 (hereinafter “instant contract”).

The contract of this case had the provisions as set forth below.

Article 6 (Term of Validity and Renewal of Contracts) (1) The term of validity of this Agreement shall be from July 5, 2014, to July 4, 2015, and shall be extended automatically by the same period, if no written notice of the expiration of the contract is given one month prior to the expiration of the contract, from July 5, 2014, which has been established within the management office. (2) In the event that the next term contract is not renewed due to circumstances, it shall be deemed to have been maintained until the completion of the transfer of management affairs to new controlled entities, etc.

Article 20 (Matters Applicable Mutatis Mutandis) Matters not agreed upon in this Agreement shall be in accordance with Acts and subordinate statutes concerning the ownership and management of aggregate buildings, other relevant Acts and subordinate statutes, management rules and management rules, and matters concerning delegation under the Civil Act and general practices, and "Defendant/Plaintiff" shall be in accordance with a gender agreement.

C. As the instant contract expires as of July 4, 2015, the representative manager of the Defendant’s representative (hereinafter “representative”) decided to select a next-time service company that will take charge of the specific management of the instant building. On May 29, 2015, the Gwangju High Court applied for permission to conduct a non-standing act regarding the conclusion of a contract with the lower level of competitive bidding, and applied for permission from the Gwangju High Court on July 9, 2015.

C, who is an employee of the plaintiff working as the head of the management office, shall be July 20, 2015.

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