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1. The Defendant shall pay to the Plaintiff KRW 106,029,535 and the interest rate of KRW 12% per annum from February 1, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company running building and housing management business, etc., and the Defendant is a management body of the E Center located in Kimpo-si D.
B. Around 2015, the Plaintiff entered into an entrustment contract with the Defendant on all the management affairs of the E Center’s ancillary facilities and welfare facilities and the site and accessories thereof, and concluded a re-contract on December 15, 2017 (hereinafter “instant entrustment management contract”), thereby stipulating that the management contract period shall be one year from January 1, 2018 to December 31, 2018, and the management fee shall be KRW 96,402,140 per month (value-added tax separate).
C. The instant consignment management contract expired on December 31, 2018, and the Defendant did not pay management expenses for December 2018 to the Plaintiff.
On January 1, 2019, the defendant newly concluded an entrustment contract with FF stock company.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, the purport of whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion did not pay management expenses of KRW 106,029,535 (including value-added tax) for December 2018 under the instant consignment management contract. Since the Plaintiff is also obligated to pay disinfection expenses to the Defendant in order to perform disinfection services included in the instant consignment management contract, the Defendant shall pay the Plaintiff the sum of KRW 4,914,00 (one-month 1,638,000 per month x three months) for January, 2018.
B. The Defendant’s assertion that, after the termination of the instant consignment management contract, the Plaintiff did not faithfully perform the transfer management business to FF corporation, a new controlled entity, thereby causing interference with FF corporation’s management business.
In addition, the plaintiff did not faithfully perform his duties, such as leaving away from office without permission from the police officer during December 2018, which was around the time of termination of the contract, between the defendant and the defendant in 2018.