(영문) 수원지방법원 2017.05.25 2016나17542

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(영문) 수원지방법원 2017.05.25 2016나17542

위약금 등

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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 7,296,355 as well as on November 8, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that conducts the general management business of buildings and facilities, provides services, etc., and the Defendant is a new organization composed of the sectional owners and lessees of Yongsan-si District A (hereinafter “instant building”) on November 19, 2015.

B. Prior to the Defendant’s formation, a management body A (hereinafter “the instant management body”) was an organization comprised of sectional owners pursuant to the Act on the Ownership and Management of Aggregate Buildings in respect of the instant building. However, the minutes of the management body on February 6, 2015, indicated that the president is elected as B, and that 18 persons (7.41%) including the power of attorney, among the total number of 27 persons, attended and resolved.

Article 5 [1] The instant management body shall pay to the Plaintiff the monthly contract cost under this Agreement as follows, and the Plaintiff shall employ the manager in accordance with the purpose of the contract. Article 19 [1] The Plaintiff and the instant management body shall consult on all business as a partner’s relationship in the management of the building, and the instant management body shall not make an unreasonable demand to the Plaintiff in the position of the contractor. The instant management body shall not make an unreasonable demand to the Plaintiff in the position of the contractor.

2) When the instant management body intends to terminate the contract, it must notify the other party of the reasons in writing not later than one month. In such a case, if the Plaintiff suffered damages due to the termination of the contract, the instant management body is liable to compensate the Plaintiff for penalty for the amount of two months in the contract amount. Article 22 / [other / [4] arrears and deposit interest holders shall revert to the Plaintiff.

C. From June 1, 2015 to May 31, 2017, the Plaintiff’s building of this case with the instant management body (representative B) as follows.

참조조문

-집합건물의 소유 및 관리에 관한 법률

유사 판례

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