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(영문) 부산지방법원 2018.12.12 2018나44944
용역비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added by this court.

Reasons

1. Basic facts

A. On November 9, 2016, the Plaintiff is a company running the housing management business and the guard service business, and the Defendant was issued a certificate of identification number by the director of the Busan District Tax Office on November 9, 2016, to the management body of the Gambluskian Complex Building located in Geum-dong 198-1, Busan Metropolitan City (hereinafter “instant building”).

B. The definitions of the terms used in this Code under Article 2 of the Rules of the Defendant’s Management are as follows:

(2) The term "sectional owner" means a person who has sectional ownership.

(6) The term "manager (the chairperson of the management committee)" means a manager under the Act on the Ownership and Management of Aggregate Buildings.

(7) The term "management committee" means a management body comprised of the chairperson and executive officers elected by a management body meeting.

(8) The term "building management company" means a company fully or partially entrusted for the management of a building.

Article 4 (1) Section owners shall establish a management committee to achieve the purpose under Article 1.

Article 9 (3) A sectional owner, etc. shall bear management expenses incurred in the maintenance and management of officetels/urban living housing/ shopping districts every month.

The main contents of the defendant's management rules shall be as follows:

C. On September 18, 2015, the Plaintiff entered into a contract for services with the Taeyang Industrial Development Co., Ltd. (hereinafter “Tyang Industrial Development”), the executor of the instant building, with the following content:

(hereinafter referred to as the “instant service contract”). The contract for the development of solar industry and the contract for the management of facilities between the Plaintiff and the Plaintiff for the project for the installation of facilities.

Article 1 [Purpose of Contract] The management work is contracted to the Plaintiff so that buildings for the development of solar industry can be maintained sanitary and pleasantly.

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