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(영문) 인천지방법원 2017.06.08 2016가단241378
약정금 및 관리비 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 75,275,370 and the interest rate of KRW 15% per annum from October 11, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to the statements in Gap evidence Nos. 1 to 5, and Eul evidence No. 1.

(1) On August 22, 2014, the Plaintiff entered into a management agreement with the E Management Committee on the instant building’s section for common use, its appurtenant facilities, equipment, etc. from September 1, 2014 to August 31, 2016 with respect to the building E (hereinafter “instant building”) on the following grounds: (a) the Plaintiff, who is engaged in the building management business under the trade name of “C”, entered into a management agreement (hereinafter “instant management agreement”) with respect to the instant building’s section for common use, its appurtenant facilities, equipment, etc.; and (b) the collection of management expenses, receipt, and payment of taxes and public charges on behalf of the Plaintiff.

B. On April 1, 2016, the Defendant awarded a successful bid for the 18th floor of the instant building among the instant buildings, and completed the registration of ownership transfer in the future of the Defendant on the same day, and on April 1, 2016, the Defendant concluded with the Plaintiff a statement of performance of unpaid management expenses (Evidence A No. 4, hereinafter “instant performance statement”).

Article 6,405,370 won is the aggregate of the management expenses incurred during the period from April 2016 to August 8, 2016 regarding the 18th floor of the instant building.

B. According to the above facts, the plaintiff has the authority to collect management expenses for the building of this case in accordance with the management contract of this case and concluded a memorandum of performance of this case with the defendant under the above authority and imposed management expenses. Thus, barring any special circumstance, the defendant shall deliver to the plaintiff a copy of the application for modification of the purport of this case, which is sought by the plaintiff, as to the plaintiff, from 75,275,370 won, deducting from 76,000 won for unpaid management expenses (2,870,000 won for athletes management expenses) and management expenses from 6,405,370 won until 8, 2016 to 6,405,370 won for the person who was paid from the defendant on April 2, 2016 (i.e., 78,870,000 won - 6,370,000 won - 1,000 won).

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