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(영문) 대구지방법원 2019.04.23 2018가단107579
손해배상(기)
Text

1. As to KRW 9,604,231 and KRW 9,177,718 among the Plaintiff, the Defendant shall pay to the Plaintiff the remainder of KRW 426,513.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on July 7, 2003 and engaged in housing management business, etc., and is a company that entered into a contract with the Defendant for entrustment of apartment management with the Defendant for B apartment E and F Complex located in Daegu Dong-gu C and D (hereinafter “instant apartment”). The Defendant is a truster of the said contract.

Article 2 (Objects of Entrusted Management of Multi-Family Housing) The objects of the entrusted management of this contract shall be multi-family housing, etc. prescribed by the Rules for Management of Multi-Family Housing

Article 3 (Entrusted Management Affairs) The management affairs entrusted by A to B shall be as follows:

1. Affairs of the managing bodies as prescribed in the subparagraphs of Article 55 (1) of the Enforcement Decree of the Housing Act and subparagraphs of Article 25 of the said Rule; and

2. In addition to the affairs referred to in subparagraph 1, affairs specified separately by the managing body in the Housing Act, the Enforcement Decree of the same Act, and the same Rule (the consideration for services) (1) shall be 11 won per square meter (including value-added tax) per square meter for one year after entering into a contract on the management area, and the entrusted management fee shall be paid on the 10th of the following month from the second and third years to the 12.1 won per square meter (including value-added tax);

(2) The management expenses, etc. for apartments shall be determined by Article 51 (2) 4 of the Enforcement Decree of the Housing Act in consideration of related Acts and subordinate statutes, the producer price increase rate, and the wage increase rate for urban workers.

Article 19 (Period of Contract) (1) The term of this contract shall be from April 21, 2015 to April 20, 2018.

(2) Pursuant to the proviso of Article 52 (4) of the Enforcement Decree of the Housing Act, “A” shall evaluate the management affairs of “B” one month prior to the expiration of the contract and shall extend the contract period to the same period where more than two thirds of the members of “

(3) Where the contract period expires, A and B shall consult the new management authority on the succession of employment for the employees of B working in the management office for the continuity, etc. of the management affairs of relevant multi-family housing.

Article 20 (Termination of Contracts) (1) A and B shall be:

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