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(영문) 광주지방법원 2016.08.30 2015가단44927
손해배상(기)
Text

1. The Defendant’s KRW 342,553 as well as the Plaintiff’s annual rate of KRW 5% from October 23, 2015 to August 30, 2016.

Reasons

1. Basic facts

A. The plaintiff is a company that aims at the business of housing management, etc., and the defendant is a non-corporate association composed of occupants for the management of the A Apartment-gun (hereinafter "the apartment of this case").

B. On May 12, 2015, the Plaintiff was selected as a management service provider of the instant apartment in the bid held by the Defendant. Accordingly, on June 27, 2015, the Plaintiff entered into a consignment management contract with the Defendant for the management of the instant apartment between July 1, 2015 and June 30, 2018, under which the Defendant entrusted the management of the instant apartment to the Plaintiff at KRW 513,830 (including value-added tax) monthly consignment management fees (hereinafter “instant management contract”). Prior to the instant management contract, the instant apartment management contract was managed by the Defendant upon entrustment by the Defendant.

The main contents of the instant management contract are as follows.

The council of occupants' representatives of A apartment management contracts (hereinafter referred to as "A") on the consignment management of multi-family housing management shall conclude a contract with the following to manage the multi-family housing, incidental facilities, and welfare facilities (hereinafter referred to as "multi-family housing, etc.") of the A Apartment-gun, in order to provide services to the Hyundai Asi-si, Seoul (referring to a housing management operator; hereinafter referred to as "B"):

Part I General Regulations Article 2 (Entrusted Management Affairs) (1) Management affairs entrusted by A to B shall be as follows:

1. Affairs of the managing body under the subparagraphs of Article 5 (1) of the Enforcement Decree of the Housing Act and the subparagraphs of Article 25 of the Rules;

2. In addition to the duties prescribed in subparagraph 1, Article 3 (head of the management office) (1) of the Housing Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the Housing Act (hereinafter referred to as the “Housing Decree”) provides that “A” shall be deemed the head of the management office (hereinafter referred to as the “head of the management office”) who places B pursuant to Article 5(1)

(2) Mutual-aid securities, surety insurance policies, or a housing manager under Article 55-2 of the Act.

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