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(영문) 의정부지방법원 2021.01.13 2019가단135086
부당이득금
Text

1. The Defendant’s KRW 41,867,672 with respect to the Plaintiff and KRW 5% per annum from May 1, 2019 to August 28, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of 514 households in total of 514 residents of the apartment complex A (hereinafter “the apartment of this case”) in Yangju-si, and the non-party C Co., Ltd (hereinafter “non-party Co., Ltd”) is a project proprietor who built the apartment of this case.

B. On July 26, 2018, the non-party company entered into a collective housing management contract (hereinafter “instant consignment management contract”) with the Defendant for the period from August 21, 2018, which is the management period of the non-party company, to the time from August 21, 2018 to the time when the representative meeting of occupants is organized and the right to manage the apartment of this case is transferred.

The main contents of the above and entrusted management contract of this case (No. 2-1, No. 1, No. 1) are as follows.

In order to manage multi-family housing and its incidental facilities and welfare facilities (hereinafter referred to as "multi-family housing, etc."), the above multi-family housing management contract Gap (hereinafter referred to as "non-party company") and Eul (hereinafter referred to as "Defendant") shall enter into a contract on the above management and service contract for multi-family housing, etc.

The purpose of Article 1 (Purpose) is to select the defendant as the managing body of the collective housing of the non-party company under Article 2 (14) of the Multi-Family Housing Management Act.

Article 5 (Duty to Observe Article 5) The defendant shall manage the apartment houses, etc. of the non-party company as a good manager in compliance with the Acts and subordinate statutes related to multi-family housing management, the management of multi-family housing, etc. (hereinafter referred to as the "related Acts and subordinate statutes")

Article 9 (Performance of Services) (1) The defendant shall exercise due care as a good manager and shall perform his/her duties in good faith and with due diligence in compliance with this contract, relevant Acts and subordinate statutes and regulations.

(hereinafter referred to as "matters approved and reported") Article 11 (Matters to be approved and reported) shall be as follows:

1. Matters to be approved: The evidence No. 2-1 of the Defendant Company A shall be approved by the Defendant (B) who is not the non-party company (A) with respect to the following:

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