(영문) 인천지방법원부천지원 2020.02.20 2019가단14310

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(영문) 인천지방법원부천지원 2020.02.20 2019가단14310

구상금

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 4,128,330 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body of the building A (the underground floor 1, 10 floors above ground, and approval for use on December 15, 1994; hereinafter “instant building”) in Nam-gu Incheon Metropolitan City, and the Defendant was a building management entity that entered into a management service contract with the Plaintiff since 2010.

B. On February 1, 2018, the Plaintiff and the Defendant entered into a management service contract (hereinafter “instant management contract”) with the service cost of KRW 2,891 per square year (excluding value-added tax) based on the sale area, and the contract period from February 1, 2018 to January 31, 2020, which includes the following:

Article 3 (Details of Management Affairs) The scope of management affairs entrusted by the defendant by the plaintiff shall be as follows:

(2) Matters concerning the management of parking lots, expenses, cleaning, garbage removal and disinfection, water tank cleaning, regular safety inspection of the target apparatus, safety inspection of elevators, septic tanks, cleaning of septic tanks, liability for the preservation and repair of buildings exceeding the scope of management expenses) (1) The defendant shall maintain the function of all facilities of the building of this case in a normal state and shall perform his/her duties as a good manager.

(2) Where facility repairs in excess of the scope of management and operation occur, the defendant shall, with the approval of the plaintiff, determine the objective estimate amount and bear it.

Article 17 (Termination of Contract) If any of the following events occurs, the Plaintiff may terminate the instant service contract; and 1) in the event of a civil or criminal accident resulting from the performance of management affairs, and 2) in the event of the occurrence of any other serious cause for termination of the management affairs (if it is unilaterally terminated, the monthly service cost for the remaining period shall be paid

C. In addition, the defendant works in the building of this case after consultation with the plaintiff.

유사 판례

-인천지방법원부천지원 2020.02.20 2019가단14310

-인천지방법원 2014.09.03 2013나18202

-창원지방법원 2019.09.24 2019가단2783

-서울고등법원 2015.11.20 2015나3725

-수원지방법원 2015.12.29 2012가합19768