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(영문) 서울중앙지방법원 2015.11.13 2014가단144595
약정금
Text

1. The Defendant’s KRW 16,700,000 for the Plaintiff and 5% per annum from June 16, 2014 to November 13, 2015.

Reasons

1. Basic facts

A. The defendant is an autonomous management organization that consists of occupants for the management of the A apartment in Gwangjin-si (hereinafter “the apartment in this case”).

On November 8, 2011, the Defendant entered into a contract (hereinafter “instant delegation contract”) with the Plaintiff and Fair C&C Co., Ltd. (hereinafter “Nonindicted Company”) to delegate a claim for damages in lieu of the defect repair of the instant apartment to the Plaintiff (hereinafter “instant delegation contract”). The main contents of the instant delegation contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to entrust the Plaintiff with the authority necessary for inspection of defects, filing of lawsuits, agreement, mediation, reconciliation and appraisal litigation in connection with the inspection of defects, filing of lawsuits, mediation of disputes, and the conclusion of agreement in relation to the right to exclusive common use of the apartment of this case and the right to accessory facilities owned and managed by the Defendant, the Act on the Ownership and Management of Aggregate Buildings, the Housing Act and the Housing Act and the Act on the Ownership and Management of Aggregate Buildings, and the representation and the termination of a lawsuit claiming damages in lieu of the defect repairs

Article 3 (Commencement of Entrusted Affairs) The amount of entrusted affairs shall be three million won (excluding value-added tax), and the defendant shall pay it within five days after the contract is made.

Article 4 (Expenses for Handling Lawsuits) The costs for class action (all expenses, such as stamp fees, delivery fees, court verification and appraisal fees, records copying expenses, travel expenses, expenses for compulsory execution, etc.) required for the handling of delegated affairs under this Agreement shall be borne by the plaintiff in advance by the plaintiff. The costs for class action lawsuit shall be deducted first from the winning amount (including provisional enforcement fees), and if the winning amount and the winning amount fall short of the costs for class action, the plaintiff shall not claim the costs for class action against the defendant.

Article 6 (Remuneration for Gender Equality) (1) The defendant shall be given economic benefits from this case, such as agreements, conciliation and reconciliation judgments.

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