A. The Plaintiff is a person in charge of the management of A building, an aggregate building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is the owner of the second floor D of the instant building (hereinafter “instant subparagraph D”), who operates the bath bath in the instant subparagraph D (hereinafter “instant bath bath”).

B. The management expenses of the instant building consisting of management expenses, long-term repair appropriations, and repair and maintenance expenses, and the Defendant paid only the remainder management expenses except for the long-term repair appropriations from December 2, 2015 to May 2016, only the remainder management expenses excluding the long-term repair appropriations and maintenance expenses, and did not pay all the management expenses from February 2017 to May 2018, which is close to the date of closing argument in the instant case from February 2017 to May 2018. Thus, the Defendant’s total amount of the management expenses unpaid is KRW 76,606,410.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 76,606,410 won of management expenses unpaid to the plaintiff and damages for delay calculated at the rate of 15% per annum from July 3, 2018 to the day of full payment, as requested by the plaintiff, following the delivery date of the application for modification of the purport of the claim of this case.

B. In regard to this, the Defendant is not obliged to pay the long-term repair appropriations since the Plaintiff, which is a controlled entity of the instant building, neglected to work and caused water leakage in the instant bath water tank for 15 days and did not discover it and caused damage to the Defendant. ② Since the Plaintiff does not clean the pipes at its own expense on the wind that the Plaintiff left alone without cleaning the melts generated inside the bath water pipe of the instant case, the repair and maintenance expenses cannot be paid. ③ The bath of the instant case is operated for 24 hours.