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(영문) 인천지방법원 2020.10.20 2019나66623

관리비

Text

In accordance with the expansion and reduction of the purport of the claim in this Court, the judgment of the first instance is modified as follows.

The defendant.

Reasons

1. Grounds for this part of the facts of recognition are stated in this part of the judgment of the court of first instance.

Paragraph (1) provides that "the defendant has not paid management expenses of KRW 59,010,608 in total (i.e., the total amount of KRW 98,231,710 - KRW 39,221,102) to the plaintiff, such as the statement in the status of arrears in management expenses in attached Form 2015 to March 2020 (i.e., the total amount of KRW 98,231,710 - the total amount of KRW 39,221,102)." In addition to the use of Paragraph (1) in the third part of the judgment of the court of first instance as "(f) cleaning expenses," it is identical to the entry in Paragraph (1) of Article

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, a management body of an aggregate of the unpaid management expenses from September 2015 to March 2020, 59,010,608 (i.e., the total amount imposed 98,231,710 won - the amount paid 39,221,102 won (hereinafter “instant unpaid management expenses”) and damages for delay.

B. The defendant's argument 1) summary of the defendant's argument: management expenses notified to the defendant according to the plaintiff's monthly management expenses notice, etc. and the status of arrears in the attached management expenses claimed by the plaintiff in this case are inconsistent with the amount.2 The defendant excessively imposed the electricity fee for the above store even if the store in this case was left public room after May 21, 2017.3 The defendant has the judgment claim against the plaintiff based on the Incheon District Court Decision 2015Na1014 (the illegal gains 7,475,294 won and the damages for delay). The defendant has the above judgment claim as the automatic claim, and the payment claim of the unpaid management expenses in this case against the defendant is set off against the same amount within the limit of equal amount. < Amended by Presidential Decree No. 17570, May 21, 2017; Presidential Decree No. 20620, Mar. 3, 2014>