관리비
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In the first instance trial, the Plaintiff claimed for the payment of management expenses from July 2014 to July 2016 to management expenses from July 2016 to management expenses from July 39, 2014 to management expenses from July 4, 2016 to management expenses from February 6, 2014, and 6,061,704 from February 2015 to July 2016 to management expenses from July 39, the first instance court dismissed the claim for management expenses for the above 39 commercial buildings, and accepted the claim for management expenses for the above 4 commercial buildings.
Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim of management expenses for the above 4 commercial buildings.
2. Basic facts
A. The Plaintiff is a company that imposes and collects management expenses for Jongno-gu Seoul Metropolitan Government Cbuilding, and the Defendant is the owner of the said 1st underground floor (hereinafter “instant store”).
B. Article 15(1) of the Building Management Regulations of the above C building provides that the user (occupant) shall pay the management company (trustee) by no later than the 15th day of the month when the monthly management expenses are notified. If the user (user) shall collect the management expenses by adding 5% to the delayed payment period of one month, 7% to the overdue payment period of two months, and 10% to the overdue payment period of three months or more, and Paragraph (2) of the same Article provides that the tenant’s final liability for payment shall belong to the separate owner if the management expenses are delinquent under the preceding paragraph.
C. As of August 8, 2016, the sum of the management fees that the Defendant did not pay with respect to the instant store is KRW 5,559,635 (one month, July 2014, February 1 to December 2015, and July 2016), and the sum of the late payment fees under the building management regulations is KRW 502,069.
(See Table). [Attachment Table] without dispute, Gap evidence 1-1, Gap evidence 5-3, Gap evidence 6-7, the purport of the whole pleadings.
3. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the principal and late payment fees for the store of this case to the plaintiff, unless there are special circumstances.