beta
(영문) 서울남부지방법원 2015.01.06 2014가단215776

관리비

Text

1. The Defendant’s KRW 42,336,060 as well as 5% per annum from March 7, 2014 to April 26, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is managing and operating the Yeongdeungpo-gu Seoul Metropolitan Government Ground A shop (hereinafter “A shop”) and collects management expenses.

B. Around June 2007, the Defendant leased Nos. 117, 202, and 203 respectively from E in his own name. < Amended by Presidential Decree No. 20350, Jun. 1, 2007>

C. F Co., Ltd. (F) (hereinafter “F”) transferred on June 3, 2009 the location of its main office to A, A, A, A, 117, and D, the Defendant’s ASEAN, was the F’s representative director from June 3, 2009 to January 11, 2012.

The Defendant is the representative director of H Co., Ltd. (hereinafter “H”), and the location of H’s principal office is A, A, 117-1 (part of the underground 117), and A, at the same time, used A, 202.

E. During the period of arrears in the management expenses claimed by the Plaintiff, A had been occupied and used by corporations closely related to the Defendant and the Defendant’s son.

F. On October 3, 2012, the Defendant: (a) drafted to the Plaintiff a letter stating that the overdue management expenses from September 201, 201 to September 30, 2012, A shall be adjusted from September 201, 201, to October 30, 2012 (hereinafter “instant letter 1”) in the name of B17 FB; and (b) drafted a letter stating that the overdue management expenses will be adjusted from September 203-201 to September 30, 2012 (hereinafter “instant letter 2”) in the name of “B”.

G. On November 19, 2012, the Defendant: (a) on November 19, 2012, each of the overdue management expenses set forth in A and A and 202, 203, 117 underground, and 118 underground, paid 30% of the overdue management expenses to the Plaintiff; and (b) at the time of nonperformance, he/she also prepared each of the instant notes in the name of H (State B) under the name of 11/19 (State B).

H. On December 3, 2012, the Defendant would arrange to the Plaintiff for the overdue management expenses referred to in subparagraphs A and A and 202, 203, 117 underground, and 118 underground by December 9, 2012, and accept the proviso of 117 at the time of non-payment.

December 3, 2012 H(H).