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(영문) 수원지방법원 2016.05.03 2015가합3887
약정금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 50,281,349 and the Defendant.

Reasons

1. Facts of recognition;

A. The Defendant A management body (hereinafter “Defendant A management body”) is a management body organized pursuant to Article 28-6(1)1 of the Industrial Cluster Development and Factory Establishment Act as the sectional ownership relationship of the A (hereinafter “instant building”) located in Yeongdeungpo-gu Seoul Metropolitan Government around May 2014, and Defendant B is the representative of the management body.

B. On July 29, 2010, the Plaintiff entered into a facility management contract with D (representative: E) on the instant building for a fixed period of two years. On June 1, 2012, the Plaintiff entered into a facility management contract with E on the same building as E, setting the period from July 30, 2012 to July 29, 2017.

C. Defendant managing body: (a) around June 11, 2014; and (b) the same year;

7. Around February, 200, Defendant management body decided to manage the instant building at the general meeting of the management body twice, and notified the Plaintiff of the termination of the Plaintiff’s building management. However, the Plaintiff continued to manage the instant building.

Accordingly, around September 22, 2014, Defendant management body notified the Plaintiff that the Plaintiff decided to close the illegal possession space, as the Plaintiff did not accept the management personnel and illegally occupied at the general meeting of the management body.

Ultimately, with regard to the termination of the management work of the instant building on September 23, 2014, the Plaintiff and the Defendant management body: (i) have the Plaintiff work only in the prescribed space by September 30, 201, and notify the Plaintiff of the dismissal of the said personnel, with regard to the termination of the management work of the instant building;

9. On November 30, 2014, the agreement was reached to pay 30 million won for consolation benefits following the completion of the building management affairs of this case on the date of the agreement on the settlement of unpaid management expenses, and to pay the unpaid management expenses scheduled for settlement later on November 30, 2014.

(hereinafter “instant contract”). Defendant B is against the Plaintiff on the same day.

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