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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a management committee comprised of representatives, etc. of each floor elected by sectional owners and the upper-party shop occupants through the shop occupants' general meeting, etc. in accordance with Article 26-2 of the Act on the Ownership and Management of Aggregate Buildings and the Management Rules for the efficient management of A located in Overcheon-si B (hereinafter “the instant building”), an aggregate building, and the Plaintiff is a corporation mainly engaged in building management business, etc.
B. Around June 2006, the Plaintiff concluded an entrustment contract on the management of the instant building with the Defendant, and managed the instant building. On December 15, 201, the Plaintiff concluded a comprehensive building management contract (hereinafter “instant contract”) with the period from January 1, 201 to December 31, 201, setting the contract term again from January 1, 201 to December 31, 2013, and performed by proxy the management of the instant building by December 2013.
The main contents of the instant contract are as follows.
(A) “A” and “B” refer to the Plaintiff respectively. Article 2 (Details of Duties of Entrusted Contract) “A” refer to the performance of the following duties on behalf of B, and they refer to the performance of the duties in good faith.
Section 4(1) The contract price shall be calculated separately by adding 43,240,000 won per month to the contract price under this contract. 2) The contract price shall be calculated as contract specifications, such as management office personnel expenses, welfare expenses, etc., and the equipment, expendable goods, communication expenses, and other expenses required by management office shall be calculated separately for actual expenses.
3) B shall settle the contract price and the management expenses to be collected by the end of each month, and shall be paid as of the end of each month the amount to be paid to the mission level out of the collected amount. 4) A shall actively cooperate with the supply of and demand for building management expenses, but shall not be legally responsible.
5 If the payment of the number of persons under the contract occurs before or after one month, A does not raise any objection to the payment of the benefits to the contractor in lieu of the service cost.
Provided, That Party A’s service costs;