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(영문) 서울중앙지방법원 2020.08.20 2020가단5074517

관리비

Text

1. The defendant shall pay 57,784,050 won to the plaintiff and 12% per annum from March 17, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 1, 2005, the Plaintiff entered into an entrustment contract with E, a stock company that newly built and sold “D” buildings located in Seocho-gu Seoul (hereinafter “instant building”) to perform management duties, such as imposition of management expenses for the instant building. B. On April 2014, the Defendant leased a 1st floor F, G, and H store (hereinafter “instant F, G store”) from among the instant building, and operated the medical sales business under the name of “H” up to the date of each of the above stores. The Defendant did not pay KRW 7-1,00, KRW 208, KRW 17, KRW 208, KRW 205, KRW 208, KRW 206, KRW 17, KRW 205, KRW 208, KRW 205, KRW 206, KRW 275, KRW 206, KRW 205, KRW 208, KRW 275,201, KRW 75,2016,275,201.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2 (including a provisional number; hereinafter the same shall apply), Eul 1-10, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is entitled to the plaintiff 1-C unless there are special circumstances.

As for the unpaid management expenses and arrears totaling KRW 57,784,050 as well as late as the date of calculating late payment charges, the obligor is obligated to pay late payment damages calculated at the rate of 12% per annum from March 17, 2020 to the date following the delivery date of the application for change of the purport and cause of the claim of this case.

B. Judgment on the Defendant’s assertion 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”)

According to Article 17, sectional owners shall be determined differently by regulations.