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(영문) 창원지방법원 2020.11.20 2020가단100690
위약금 청구의 소
Text

1. Defendant B’s Family Management Body is KRW 6,00,000 and its amount shall be 6% per annum from September 1, 2019 to November 20, 2020.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a contract for the entrustment of building management with Defendant B, a corporation established for the purpose of building management and real estate management, and with Defendant B, a B, a window B, Changwon-si (hereinafter “instant commercial building”) from February 1, 2013 to January 31, 2015, and continued to manage the instant commercial building from February 1, 2018, and entered into a contract for the revision on January 31, 2023.

(hereinafter referred to as the “instant modified contract”). B.

Around February 2013, Defendant Macyoung is an organization established for the management of the instant commercial building, consisting of sectional owners and tenants, and Defendant B’s management body (hereinafter “Defendant B’s management body”) is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) as an organization consisting of sectional owners in the instant commercial building.

C. On July 16, 2019, the Defendant prosperity issued a certificate to the effect that the instant service contract is terminated with the Plaintiff as of July 31, 2019, inasmuch as the resident’s complaints, etc. were made on July 16, 2019, and that the Defendant management body held the entirety of the management and operation rights of the instant commercial building as of August 19, 2019 as the execution by the Defendant management body, and that the contract between the Plaintiff and the Defendant prosperity association is terminated as of August 31, 2019.

Since August 2019, Defendant Management Body enacted its articles of association, began to manage the commercial buildings of this case from the business day, and there was no particular activity prior to that.

E. Article 6 of the service contract of this case concluded between the plaintiff and defendant prosperity is that both parties pay to the other party the amount equivalent to the total service cost within the remaining period upon the unilateral rescission of the contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, respectively.

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