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1. The Defendant (Counterclaim Plaintiff) paid KRW 320,538,175 to the Plaintiff (Counterclaim Defendant) and its related expenses from September 15, 2015 to July 13, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a company whose main purpose is the real estate facility management business, etc., and the Defendant is the management body under the Act on Ownership and Management of Condominium Buildings, which consists of the sectional owners of the G building located in the same Dong and Dong-dong located in Seoul Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).
B. 1) On October 1, 2005, the Defendant entered into a management and operation contract with the Plaintiff with respect to the instant building (hereinafter “instant contract”).
The purpose of this contract is to provide for matters necessary for the Plaintiff and the Defendant to enter into an operation contract (general management, facilities, information, cleaning, parking, etc.) of the building management (the term of the contract). The term of the contract under Article 4 (General Management, Facilities, Information, Cleaning, Parking, etc.) shall enter into force on the date of entering into the contract, and the term of the contract shall be from October 1, 2005 to December 31, 2010. However, if a party to the contract fails to notify in writing the other party of his intention to extend the term of the contract within 60 days prior to the expiration of the term of the contract, the term of the contract under this contract shall be automatically extended. Article 5 (Amount of Contribution to Management and Operation) This contract shall be KRW 300 per ordinary month.
2) The Plaintiff settled the actual expenses, such as expenses for entrusted management and personnel expenses under the preceding paragraph, and notifies the interest of the occupants of the instant building each month. Article 6 (Authority and Duties of the Contractor) 1) The Plaintiff, as a good manager, shall faithfully perform the management of the object specified in this Agreement.
2) The Plaintiff shall impose, receive, and manage management expenses to each occupant. 4) The Plaintiff’s monthly parking expenses and money for the occupants of the instant building.