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(영문) 부산지방법원동부지원 2016.10.13 2015가합1641
계약존속확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 7,376,853 to the Defendant (Counterclaim Plaintiff) and its related amount from May 17, 2016 to October 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a corporation aimed at managing apartment houses, etc., and the defendant is an autonomous management organization composed of the representatives of occupants, etc. to manage apartment houses of this case.

B. On June 2012, the Plaintiff entered into an entrustment management agreement with the Defendant on the instant apartment, and has managed the instant apartment.

After that, around May 2015, the Plaintiff and the Defendant concluded an entrustment management contract of the instant apartment (hereinafter “instant management contract”) with respect to the instant apartment, and the main part thereof are as follows.

In accordance with Article 43 (2) of the Housing Act, the plaintiff and the defendant shall enter into a contract on the entrustment management of multi-family housing for the management of the apartment of this case, its incidental facilities and welfare facilities as follows:

The purpose of Article 1 (Purpose) is to select the plaintiff as the managing body of the apartment of this case.

Management expenses under Article 7 (Price for Services) shall be classified into the expenses under each subparagraph of Article 58 (1) of the Enforcement Decree of the Housing Act, the entrusted management fees of KRW 105,690 per month (excluding value-added tax), the service fees of KRW 8,785,51 per month, and the entrusted management fees.

Article 12 (Composition of Entrusted Management Organization) (1) The plaintiff shall establish a entrusted management organization whose head of the management office is the general manager in the defendant management office.

(2) An entrusted management agency shall have the following persons, in addition to the head of the management office:

1. One clerical staff member;

2. The personnel management of two expenses, one U.S. dollars, and one employee under Article 13 (Personnel Management of Employees) (1) shall be stipulated by the Labor Standards Act and the Plaintiff’s employee regulations;

Article 16 (Matters Approved by Defendant) The head of the management office of the Plaintiff shall execute matters falling under any of the following subparagraphs after obtaining prior approval from the Defendant:

4. Matters concerning the adjustment of the number of management offices;

5. Other matters consulted with the Plaintiff and the Defendant, Section 20 (Period of Contract) 1.

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