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(영문) 수원지방법원 성남지원 2018.05.30 2017가단222565

관리비

Text

1. As to KRW 10,622,567 among the Plaintiff (Counterclaim Defendant) and KRW 10,503,225 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on August 13, 2016.

Reasons

1. Determination on the main claim

A. Facts of recognition 1) Plaintiff (the trade name before November 22, 2016) is “C” of the Plaintiff (hereinafter “Stock Company”).

(C) On March 1, 2016, the Defendant is entitled to the instant building E (hereinafter referred to as “instant building”).

A) A lease agreement to lease management expenses (hereinafter “instant lease agreement”) with a period of four million won (excluding value-added tax), from March 1, 2016 to February 28, 2017 (hereinafter “instant lease agreement”).

(2) At the time of the instant lease agreement, the Defendant agreed to pay the delayed amount in addition to the damages for delay calculated at the rate of 18% per annum for the delayed amount.

3) From June 2016, the Defendant did not pay management expenses under the instant lease agreement. On August 11, 2016, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement as of August 12, 2016. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 2 and 23, and the purport of the entire pleadings.]

B. According to the above facts, the lease contract of this case was terminated at least on August 12, 2016, and thus, barring any other special circumstances, the Defendant is below the amount of KRW 10,622,567, the sum of the principal and interest of the management expenses from June 1, 2016 to August 12, 2016. (1) ① Amount of KRW 4.4 million for the management expenses of June 1, 2016 and the amount of KRW 93,304 [4.4.40,000 to August 12, 2016] and the principal and interest of KRW 10,62,567 for the Plaintiff during the period from June 1, 2016 to August 12, 2016 (hereinafter the same shall apply] to the Defendant: 201,304,000 won for delay damages from KRW 13.505,000,0000 to KRW 1538.16.486.