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(영문) 수원지방법원 2016.12.13 2013가단88917
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On April 28, 2008, the Plaintiff, a corporation engaged in building management business, etc., entered into a contract for a building management business (hereinafter “instant entrustment contract”) with B prosperity Association (the manager C at the time; hereinafter “instant prosperity Association”) with respect to the building B (hereinafter “instant commercial building”) as a corporation that is engaged in building management business, etc., and has performed management business of the instant commercial building since that time:

Article 2 (Entrustment of Management Right Contract) (1) A (referring to this case prosperity; hereinafter the same shall apply) shall entrust all the management affairs of an aggregate building to a contract during the contract period under Article 13, such as the contents of this Agreement.

(2) Where one of the parties has not notified the cancellation of a contract in writing 30 days before the end of the contract period, this contract shall be deemed automatically extended: Provided, That where there is any changed matter, the changed matter shall be deemed to be amended or inserted.

The scope of management affairs entrusted by Article 3 (Details of Management Affairs) (referring to "Plaintiff"; hereinafter the same shall apply) from "A" shall be as follows:

3. Vicarious collection of the management expenses and fees and vicarious payment of public imposts under Article 4 (Obligations of Manager) (2) B shall prepare a book on the collection, use, deposit, etc. of management expenses and fees by month, and keep it together with the evidential materials, and make it available for perusal if requested by the occupant, etc. of an aggregate building;

Article 8 (Imposition of Overdue Charges) If the tenant, etc. fails to pay the management expenses notified by the tenant, etc. within the designated date, the overdue rate prescribed in the management rules shall be added to the total management expenses.

Article 10 (Receipt and Keeping of Management Expenses) (3) Only a store in arrears, such as management expenses, may proceed with a legal lawsuit on behalf of the Party A.

Article 13 (Period of Contract) The period of this Agreement shall be from May 1, 2008 to April 30, 2010.

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