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(영문) 서울동부지방법원 2020.05.22 2019나25549

관리비

Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay KRW 1,299,420 to the plaintiff.

3. Action.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation managing the Songpa-gu Seoul Metropolitan Building (hereinafter “instant commercial building”) and carries out the business of calculating, imposing, collecting, disbursing, using, and accumulating the management expenses of the instant commercial building in accordance with the management rules of the instant commercial building. The Defendant is the owner of the instant commercial building D (hereinafter “instant store”).

B. According to the management rules of the commercial building of this case, “the calculation period of management expenses, etc. shall be the last day of each month and the payment period of management expenses, etc. shall be the 27th day of the following month (Article 88). However, according to the reference documents stated by the Plaintiff on April 24, 2019, the payment period shall be changed from September 1, 2017 to the last day of the 27th day of the following month. If a sectional owner, etc. fails to pay management expenses, etc. by the payment deadline under Article 88(3), it shall be paid by adding 2/100 of the unpaid principal to the late payment period every one month after the payment deadline expires, but the late payment period shall be calculated on a monthly basis (Article 90) instead of calculating the delinquent

C. From September 2016 to February 2019, the Defendant was subject to imposition of KRW 11,664,940, but did not pay the aggregate of the management expenses incurred from the management expenses from September 2016 to February 2019, and as of the end of April 2019, the aggregate of the arrears incurred under the management rules is KRW 3,593,650, and the details thereof are as shown in the attached Table.

[Ground of recognition] Facts that there is no dispute between the parties, or the defendant does not clearly dispute, Gap evidence Nos. 1 to 8, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,258,590 (=total of KRW 3,593,650 of the principal of the management expenses and arrears incurred until April 1, 2019) and delay damages calculated at the rate of 24% per annum from May 1, 2019 to the date of full payment (the principal of the management expenses) pursuant to the agreement.

. Payment of management expenses;