관리비
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 648,160 won to the plaintiff.
B. The plaintiff.
1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged in the entries in Gap evidence A Nos. 1 to 12 together with the whole purport of the pleadings, and there is no counter-proof otherwise.
The Plaintiff is a company entrusted with the authority to impose and collect management expenses by concluding an entrustment contract with the D management body comprised of all sectional owners of the building in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”). The Defendant is the owner of the 7th floor E and F of the instant building (hereinafter “each of the instant stores”).
B. According to Article 50 of the Regulations of the Management Body of the instant building and Article 5 of the Regulations on the Collection of Unpaid Management Expenses, when a sectional owner, etc. fails to pay management expenses by the due date set by the manager, he/she shall pay late payment charges equivalent to 5/100 of the unpaid principal every one month after the due date, but if late payment fees amount to the principal, he/she may choose not to impose late payment charges from that time.
C. As of December 27, 2018, the Defendant, as of December 27, 2018, did not pay the aggregate of KRW 7,618,840 and the late payment charge, as stated in the attached Table, to KRW 3,565,940.
After the judgment of the court of first instance was rendered, the Defendant paid KRW 9,272,880 on December 24, 2019 to the Plaintiff and KRW 1,591,464 on December 31, 2019.
2. The assertion and the judgment thereof
A. (1) If the management expenses paid by the Defendant are appropriated to the Defendant in the order of the principal of the management expenses, the delay damages therefor, and the late payment fees, as claimed by the Plaintiff within the extent not favorable to the Defendant, the following is the following: (a) the principal amount of the management expenses appropriated on December 24, 2019 (9,272,880 won) and 327,724 won (i.e., 7,618,840 won x 3140 won x delay damages claimed by the Plaintiff from February 14, 2019 to December 24, 2019, plus the number of days / 365 x less than KRW 5 x less than KRW 7,946.