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(영문) 서울서부지방법원 2018.12.06 2018나33132

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a management body managing Atel in Seodaemun-gu Seoul Metropolitan Government, and the Defendant is the owner of the sectionally owned building C (hereinafter “instant commercial building”).

B. From April 1, 2016, the Defendant leased the instant commercial building to D, and D operated a restaurant in the instant commercial building.

C. However, D did not pay not only monthly rent to the Defendant, but also to the Plaintiff the management fee for the instant commercial building. The unpaid management fee from May 2016 to March 2017 for the instant commercial building is KRW 12,712,390, and the sum including unpaid overdue charges, late payment charges, and late payment charges exceeds KRW 15,364,070.

On August 11, 2017, the Defendant calculated the unpaid management expenses for the instant commercial buildings, such as the attached details, and deposited KRW 5,066,734 (Seoul Western District Court No. 2017, Seoul Western District Court No. 3466) to the Plaintiff.

[Reasons for Recognition] Nos. 2, 3, and 11 (including paper numbers), each entry and the purport of the whole pleadings

2. According to the facts seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff 10,297,36 won, excluding the money deposited by the Defendant, as claimed by the Plaintiff, from the aggregate of the unpaid management expenses and the late payment charges for the instant commercial building, and damages for delay calculated at the rate of 5% per annum as determined by the Civil Act, as claimed by the Plaintiff, from September 28, 2017 to the day of full payment, from September 28, 2

3. Judgment on the defendant's assertion

A. In the interpretation of the Plaintiff’s management agreement (hereinafter “instant agreement”), the Plaintiff is obligated to notify the Defendant of the unpaid management expenses by delivering the notice of management expenses to the Defendant’s domicile three months after the Plaintiff failed to pay the management expenses, etc., and to take measures for cutting off and cutting off the instant commercial building.

Nevertheless, the plaintiff shall fulfill the above obligations.

참조조문