미지급선수관리비 등
1. As to KRW 81,394,50 and KRW 132,671,160 among the Plaintiff, the Defendant shall start from May 26, 2018 to June 18, 2018.
1. Determination as to the assertion on the cause of claim
A. The following facts may be acknowledged in full view of the purport of the entire pleadings, either a dispute between the parties, or the defendant is not clearly disputed, or a statement in Gap evidence 1-1 to Gap evidence 5-2.
1) The Plaintiff is an enterprise that operates D’s composite shop C’s surface in Chungcheongnam-gu, Chungcheongnam-gu. The Defendant is an owner and occupant who acquired ownership on April 30, 2014 with respect to E, F, G, H, I, and J among the above commercial buildings. 2) The player management expenses for the three-month period that the Defendant is obliged to deposit to the Plaintiff pursuant to Article 34(2) of the Management Rules of the said commercial building are KRW 46,091,180.
In addition, management expenses from July 2017 to April 2018, which the defendant should pay to the plaintiff for E, F, and G among the above commercial buildings, are 32,671,160 won in total, and the unpaid overdue charges are 2,632,160 won in total.
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the sum of KRW 81,394,50 (=the unpaid management expenses of KRW 46,091,180) for unpaid management expenses of KRW 32,671,160 (the unpaid arrears of KRW 2,632,160).
The plaintiff's assertion is justified.
2. Judgment on the defendant's defense
A. The Defendant asserts that 46,091,180 won of the player management expenses claim is “claim for the payment of money within a period of not more than one year” under Article 163 subparag. 1 of the Civil Act, and the short-term extinctive prescription of three years is applied. Since the instant lawsuit was filed on Nov. 17, 2017, which was three years after the Defendant moved in, the extinctive prescription was completed.
B. In light of the foregoing, the term “claim” under Article 163 subparag. 1 of the Civil Act refers to a claim that is payable at a fixed period of not more than one year, and the term of repayment does not mean a claim that is within one year. Thus, even if the claim falls under “interest, support allowance, allowance, and rent” as listed in Article 163 subparag. 1 of the Civil Act, it is also applicable to such claim.