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(영문) 인천지방법원 2020.08.20 2019가단31527
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 3, 2017, the Defendant entered into a contract with the Plaintiff on the entrustment of the duties to the Plaintiff as a managing body under the Multi-Family Housing Management Act for the apartment and its appurtenant facilities, and welfare facilities in Bupyeong-gu Incheon Metropolitan City.

(hereinafter referred to as the “instant entrustment contract”). The main part of the said contract is as follows:

Article 4 (Duty to Observe) The Plaintiff shall manage the Defendant’s multi-family housing with the care of a good manager while complying with the statutes related to the management of multi-family housing management and multi-family housing (hereinafter referred to as “related statutes”) and the management rules

Article 8 (Imposition and Collection of Management Expenses, etc.) (1) Management expenses, user fees, long-term repair appropriations (hereinafter referred to as "management expenses, etc.") shall be imposed, collected and disbursed by the head of the management office in accordance with Article 23 (1) of the Act, Article 23 of the Decree, and the management rules of A.

(2) The head of the management office shall formulate a business plan and draft budget every year and obtain approval from the defendant in consideration of related Acts and subordinate statutes, consumer price increase rate, and wage increase rate for urban workers.

Article 9 (Limited Liability Limit) (1) The limit of the Plaintiff’s responsibility for entrusted management shall be limited to common areas, etc. of the defendant’s multi-family housing except as otherwise provided for in the Multi-Family Housing Management Act, and the following reasons

2. When the plaintiff or the plaintiff's employee inflicts loss on the tenant, etc. due to intentional or gross negligence, the defendant under Article 11 (Payment of Entrustment Management Fee) shall pay to the plaintiff each month the entrusted management fee of KRW 322,646 (Additional Tax Classification).

Article 12 (Period of Contract) (1) The term of this contract shall be from July 1, 2017 to June 30, 2020 (three years).

Article 13 (Cancellation of Contracts) (1) The defendant and the plaintiff may terminate the contract in any of the following cases, and may claim damages for such termination:

The plaintiff's financial status, housing managers, technical human resources, and equipment.

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