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(영문) 서울중앙지방법원 2016.11.04 2015가단5308797
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 20, 2013, the Plaintiff entered into an entrustment management contract with the Defendant and the Guro-gu Seoul Metropolitan Government 4, 423 households (hereinafter “instant contract”) and placed B as the head of the management office of the said apartment in accordance with the said contract.

Of the instant contracts, the part relating to the instant case is as follows.

(A) The “Defendant”, “B”, and “Plaintiff” are referred to). Article 11 [payment of the consignment management fee] ① A shall pay to B the consignment management fee of the Lee Man-one thousand twenty-one hundred and one-one hundred and one-one hundred and one-one hundred and one-one hundred and one-one hundred and one-one hundred and one-one hundred and one-one hundred and

Article 12 [Period of Contract] ① Contract period shall be from January 1, 2014 to December 31, 2015 (two years).

Article 13 [Cancellation of Contracts] (1) A and B may terminate the contract in any of the following cases, and may claim damages for such termination:

1. When he/she prepares and submits false documents concerning his/her financial status, housing manager, technical personnel, equipment, etc.;

2. Where Eul concludes a contract by illegal means, such as offering money and valuables, etc.

3. Where he has his registration cancelled, or he has his business suspended in whole or in part;

4. When Gap or Eul has embezzled management expenses, etc. without any special reason. 5. Management expenses, etc.

B. On July 9, 2014, conflict (1) B between the Plaintiff and the Defendant submitted a resignation statement to the Plaintiff on the ground that “the representative of the Defendant C cannot perform his duties any longer by coercing the Defendant C to pay the individual litigation costs as management expenses.”

(2) On the same day, the Plaintiff, upon resignation of the head of the management office, shall bring the documents to be approved on the following day and the head of the management office to the head office for approval, and if necessary, the Defendant’s accounting officer, etc. visit the Plaintiff’s head office

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