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(영문) 대구지방법원 2020.11.11 2020나302576
부당이득금
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid in the following manner shall be revoked.

Reasons

Basic Facts

The plaintiff is the representative meeting of occupants of the Daegu-gun A Apartment (hereinafter referred to as the "the apartment of this case"), and the defendant is a management company which entered into an entrustment management contract with C Co., Ltd. (hereinafter referred to as "the non-party company").

On December 8, 2015, the non-party company entered into an entrustment management contract (A evidence 3; hereinafter “instant consignment management contract”) with the Defendant on the following terms and conditions regarding the instant apartment.

(A) Under the above consignment management contract of this case, "A" means the non-party company, "B" means the defendant) Article 1 [the contract period] The contract period of this case shall be three years from the date of occupancy of the above-mentioned apartment house (as of June 3, 2016) and shall be extended to the same contract period if there is no notification of termination of the contract at least one month before the expiration of the contract period.

Provided, That where the representative meeting of occupants is organized before the expiration of the contract period, the project undertaker shall conclude the date of transferring the management affairs and the management rights to the council of occupants' representatives.

Article 2 (Price for Services, such as Entrustment Management Fees) The remuneration for services shall be classified into service expenses, such as personnel expenses, security service expenses, cleaning service expenses, and entrusted management fees, from among the general management expenses determined in the management plan approved by Gap, and shall be paid by the end of

The cost of services, such as personnel expenses, shall be the amount of services prescribed in the separate management plan of the attached table approved by A, but it shall be imposed on occupants, etc. later as management expenses.

(hereinafter omitted) Entrusted management fees: Article 4 [Contents of agency business]

1. Eul shall act as an agent for the following affairs:

A, as a management entity of multi-family housing, shall take measures in accordance with relevant laws, including Article 12 of the Housing Act, to maintain, repair, preserve, check, operate a common area of multi-family housing, auxiliary facilities and welfare facilities owned jointly by occupants, and guard, clean-up, garbage removal in the safety management complex of multi-family housing.

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