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

Purport of claim and appeal

1...

A. The plaintiff is an organization composed of sectional owners and leased business owners for the purpose of the management and operation of Songpa-gu Seoul Metropolitan Store (hereinafter referred to as "the commercial building in this case"). On December 26, 198, Article 7 of the former Do and Retail Business Promotion Act (amended by Act No. 4211 of Jan. 13, 1990; hereinafter referred to as the "former Do and Retail Business Promotion Act") and Article 28 of the former Small and Medium Enterprise Cooperatives Act (amended by Act No. 4624 of Dec. 27, 1993), and completed the registration of its establishment on February 1, 1989.

B. After that, the Plaintiff obtained a market establishment permit pursuant to the former Wholesale and Retail Business Act on April 3, 1991, and received a market establishment permit pursuant to Article 6 (2) of the former Do and Retail Business Promotion Act (amended by Act No. 5327 of Apr. 10, 1997) from the head of Songpa-gu on December 1, 1995 while entering into a management transfer and takeover contract with D Co., Ltd. which was engaged in the management business as a market operator and engaged in the market management business.

C. Meanwhile, on November 14, 2014, the Plaintiff registered the opening of a superstore pursuant to Article 8(1) of the Distribution Industry Development Act and Article 5(4) of the Enforcement Rule of the same Act. The head of Songpa-gu Seoul Metropolitan Government, the competent authority, accepted the Plaintiff’s report, thereby collecting management expenses from merchants who actually engage in the instant commercial building in the capacity of large scale outlet manager, while managing the instant commercial building. The management expenses are used as cleaning expenses, disinfection expenses, elevator repair expenses, electricity expenses, water supply expenses, and air conditioners.

The Defendant is the owner of the instant shopping mall E (hereinafter “instant store”) on April 25, 2012.

E. From November 2014, the Defendant began to pay the management expenses from November 201 to February 2017, 4,992,140 won for the unpaid management expenses, and the late payment charges incurred until March 7, 2017 for the unpaid management expenses shall be 1,103.