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(영문) 서울고등법원 2015.01.16 2013나66937
용역비
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is to manage multi-family housing, etc., and the Defendant Lone Star Stopa management body (hereinafter “Defendant management body”) is the management body established by sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), which is the third underground floor located in Bupyeong-gu, Incheon, Bupyeong-gu, in size 201-9, and the third underground floor in size of the 6th floor above ground. The Defendant Jindo Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the owner of the fourth and fifth floor of the instant building.

B. On August 7, 2007, the Plaintiff entered into an entrustment contract for the management of the building of this case (hereinafter “the first contract of this case”) with gold glass Co., Ltd. (hereinafter “gold glass”), which is the business entity of the construction of the building of this case. From November 30, 2007 to October 30, 2012, the Plaintiff began to manage the building of this case from January 1, 2008.

C. After that, when Defendant managing body was organized on October 26, 2008, the Plaintiff entered into a comprehensive contract for the management of the instant building between April 7, 2009 and Defendant managing body, and between May 1, 2009 and October 31, 2012, with the purport to provide the Plaintiff with the management services of the instant building, and entered into a comprehensive contract for the management of the building with the purport to take charge of the imposition and collection of management expenses for the sectional owners (hereinafter “the second contract”). The Plaintiff entered into a special agreement on the payment of service expenses incurred from the first contract of this case as follows:

(hereinafter “instant contract for the payment of service costs”). On the other hand, the unpaid service costs agreed upon at the time of the instant secondary contract [Special Terms and Conditions]

3. (1) From the amount excluding the amount to be imposed on A from January 2008 to April 2009 (16 months), 50% of the amount to be imposed on A shall lapse on the end of the service contract period ( December 31, 2012) with the reservation amount.

(2) An amount equivalent to 10% out of the remainder 50%.

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