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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On May 22, 2012, the Defendant, the council of occupants’ representatives of the Dong-gu, Suwon-si, Gyeonggi-do (hereinafter “instant apartment”), concluded a management consignment agreement with the non-party company regarding the instant apartment from June 1, 2012 to May 31, 2015 (hereinafter “instant management consignment agreement”), and the main contents thereof are as follows.
Article 5 (Right of Representation of Head of Management Office) The head of the management office that places a non-party company in the defendant's multi-family housing pursuant to Article 55 of the Housing Act shall be
Article 7 (Price for Services) (1) The price for services shall be classified into the expenses referred to in the subparagraphs of Article 58 (1) of the Enforcement Decree of the Housing Act (hereinafter referred to as "management expenses") and the entrusted management fees calculated by the amount of KRW 500,000 per month (excluding value-added tax).
The management expenses under Article 7 shall be imposed (request), collected, and disbursed by the head of the management office in accordance with Article 55 (2) of the Housing Act and the management rules of the defendant's multi-family housing at the management organization of the defendant, and the entrusted management fees shall be paid to the non-party company by the end of the month.
Article 9 (Imposition and Collection of Management Expenses, etc.) Management expenses, user fees, long-term repair appropriations under Article 58 of the Enforcement Decree of the Housing Act (hereinafter referred to as "management expenses, etc.") to be borne by occupants and users under Article 45 (1) of the Housing Act shall be imposed and collected by the head of the management office in accordance with the management rules of the defendant.
Article 10 (Deposit Management under Joint Names of Management Expenses, etc.) The defendant shall deposit and manage the deposit such as management expenses, etc. in the name of the chairperson of the defendant and the head of the management office under the joint names.
Article 20 (Termination of Contract) (2) When the defendant and the non-party company intend to cancel the contract under paragraph (1), they shall notify the other party of the details thereof in writing 60 days before the termination of the contract
B. The Plaintiff on September 2011