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(영문) 수원지방법원 2018.10.04 2018나4144
약정금(관리비)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 916,010 and its amount from August 3, 2017.

Reasons

1. The basic facts of the claim (1) The plaintiff is a non-profit incorporated foundation for the purpose of building, maintaining, and managing a cemetery, which is established and operated in the Seocho-si, Seocho-si, the first 67 million Won-ri, the population of the cemetery; (2) the defendant's father on March 29, 1982 died, and the defendant used on March 30, 1982 the area 8 of the "C" among the plaintiff and the above cemetery as the burial site of the above B; (480,000 won, five-year advance payment management expenses; (3) the remaining management expenses shall be calculated in accordance with the method recognized by the competent authority; (48,00 won, five-year advance payment; and (4) the plaintiff did not have any dispute over the installation of a cemetery and 80,000 won for five-year advance payment management expenses; and (3) the plaintiff made a report to the defendant on March 30, 1982 and the purport that the whole funeral management expenses of the above case shall not be approved to 2010.1.

2. According to the facts acknowledged above, the defendant is obligated to pay management expenses after March 30, 1987 to the plaintiff pursuant to the above agreement.

(2) As to this, the defendant asserted that the plaintiff waived the management expenses claim after the second period of the payment, but there is no evidence to acknowledge this, and this is without merit.

(3) In addition, the defendant defense that the plaintiff transferred all business rights, including management expense claims, to the defendant to the Solomon Mutual Savings and Finance Company around 2010, but there is no evidence to acknowledge this.

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