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(영문) 인천지방법원부천지원 2014.10.23 2014가합2647

체납관리비

Text

1. The defendant shall pay to the plaintiff the amount of KRW 113,124,764 and the amount of KRW 107,737,870 among them, from April 22, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an entrusted management entity of the “C” located in Ansan-si Group B (hereinafter “instant building”); from October 2012, the Defendant is a person who operated a public bath (hereinafter “instant bath”) on the 6 and 7th floor of the said building from around the 2012.

B. From May 17, 2013 to February 16, 2014, the Defendant did not pay an aggregate of KRW 113,124,764, including KRW 107,737,870 and late fees for the instant bath (=5% of the unpaid management expenses) 5,386,894. The details thereof are as follows.

(F) Amount of 201: June 19, 151, 200,000, 10,151,207, 5610,658, 7817,501, 9305, 8740, 207, 209, 207, 209, 207, 207, 209, 207, 204, 206, 207, 306, 209, 207, 304, 207, 207, 209, 306, 205, 207, 306, 207, 306, 204, 207, 306, 205, 207, 2000, 35, 3001, 600, 2383, 20638, 2064

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff as to the amount of unpaid management expenses and late payment KRW 113,124,764 (the total amount of KRW 107,7637,870, 5386,894) and the principal amount of KRW 107,737,870 among them, barring special circumstances.

3. Judgment on the defendant's assertion

A. As the Defendant closed the bath in the instant case on January 16, 2014, the Defendant alleged that there was no obligation to pay the management expenses for February 2014 (from January 17, 2014 to February 16, 2014) of the management expenses claimed by the Plaintiff, but subparagraph 7 of the same Article.