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1. The Defendant’s KRW 157,878,015 for the Plaintiff and 5% per annum from October 24, 2018 to September 2, 2020.
Reasons
1. Facts of recognition;
A. The Defendant is a management body composed of sectional owners of the instant condominium buildings in order to manage the fourth underground floor and the fourth apartment building (hereinafter “the instant condominium building”) located in the lower-nam City pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”), and the Plaintiff is a company that operates building management business, etc.
B. D Co., Ltd. (hereinafter “D”) constructed and sold the instant aggregate building, and Article 14(4) of D’s written contract for the sale of the instant aggregate building concluded with several buyers provides that “The management for a period of three years from the date of initial designation of the salesroom shall be managed by the manager designated by “A” (D) or “A,” but the management fee shall be borne by “B”.
C. On May 26, 2017, D concluded a management entrustment agreement (the instant contract) with the Plaintiff on the basis of the said sales contract clause, setting the management period of the instant condominium building as three years.
The above contract provides that the scope of building management duties to be performed by the Plaintiff shall be stipulated as “maintenance and repair of the section for common use of the building and the appurtenant and welfare facilities jointly owned” (Article 4(1)), “management expenses, special repair reserve funds, and other taxes and public charges, collection, receipt, and accounting management” (Article 4(3)), and “management expenses and management expenses incurred each month shall be collected and operated under the responsibility of the Plaintiff.”
(1) In addition, Article 7 (1) shall also apply to the types and bearing of management expenses. ① 4,300 won per square meter of the contract area (excluding value-added tax), ② Maintenance expenses for facilities management and maintenance: expenses for qualification appointment (electric safety management appointment expenses, fire safety management appointment expenses, etc.), elevator maintenance expenses, fire insurance premiums, education and training expenses, cleaning expenses, cleaning expenses, septic tanks cleaning expenses, water tank cleaning expenses, disinfection and quarantine expenses, fire-fighting facilities inspection expenses, fire-fighting facilities inspection expenses, electric installation inspection expenses, maintenance expenses, consumption expenses, repair and maintenance expenses, and repair expenses for facilities for buildings.