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(영문) 서울동부지방법원 2015.12.24 2014가합105514
채무부존재확인
Text

1. The Plaintiffs’ household from April 2014 to March 2015 under the “B” Admission Agreement with the Defendant.

Reasons

1. Basic facts

A. The Seoul Gwangjin-gu Seoul Special Metropolitan City “B” is a building consisting of welfare facilities for the aged (A, 21 to 50, B, 5 to 40, hereinafter “instant facilities”), hotel guest rooms (A, 8 to 20, and other commercial facilities.

B. On June 15, 2009, the Defendant, the owner of the instant building, completed a report on the establishment of medical welfare facilities for the aged (including medical care facilities for the aged) with respect to the instant facilities, and concluded each admission contract with the Plaintiffs, as described in the corresponding column in the separate sheet.

C. The main contents of each above admission contract are as follows:

A: The number of persons admitted to each household of the instant facilities of KRW 800,000,000,000 for each policyholder, resident, and security deposit for admission;

(Article 4(3). The first term of contract shall be five years from the date of designation for admission (the date of designation for admission prior to the date of designation for admission).

A or B shall be deemed to have entered into a new admission contract under the same conditions as the former admission contract at the time the period expires, without notifying the other party of the rejection of renewal or modifying the conditions thereof between six months and one month before the expiration of the term of the admission contract, and the term of the admission contract shall be deemed five years as in the former admission contract (Article 6). A shall establish and operate an operating committee comprised of the head of the facility, employees, family representatives, resident representatives, and honorary counselors for welfare of the aged under Article 51 of the Welfare of Older Persons Act, as a counter for exchanging opinions on the operation, management, etc. of the facility, such as the current status

(Article 11(1). A shall impose minimum monthly management expenses to provide basic services for prisoners to live a healthy and convenient life, and Eul shall pay them by the deadline determined by A.

(Article 13(1). A shall bear the expenses, such as monthly management expenses, after consultation with the Steering Committee each year in consideration of changes in the consumer price index, management situation, etc.

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