관리비
Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and that part is revoked.
1. Basic facts
A. The Plaintiff completed the procedures for reporting a large store manager on September 4, 2013 under the former Distribution Industry Development Act (amended by Act No. 14997, Oct. 31, 2017) with respect to the shopping mall of this case (hereinafter “D shopping mall”) located in Jung-gu Seoul Special Metropolitan City, the 7th underground and the 16th ground of the ground located in Jung-gu, Seoul Special Metropolitan City (hereinafter “instant shopping mall”), and processes the collection of management fees as a large store manager from that time.
B. The Defendant is the owner of the six-story E, F, G (hereinafter “instant store”) of the shopping mall No. 6 of this case.
(c)
The Defendant did not pay 6,33,450 won in total of management expenses and late payment fees related to the instant store accrued from January 2, 2014 to May 2016 (i.e., unpaid management expenses: 5,215,170 late payment charges of KRW 1,118,280).
[Ground of recognition] Unsatisfy, entry of Gap 1 through 3 evidence (including various numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, it is reasonable for the Defendant to dispute the scope of the Defendant’s obligation on January 3, 2017 following the delivery of the original copy of the payment order as requested by the Plaintiff as to KRW 6,33,450, among the KRW 6,333,450, and KRW 5,215,170, as a large store manager under the Distribution Industry Development Act on the shopping mall of this case, barring special circumstances.
Until January 30, 2020, the date of a judgment of remanded (see Supreme Court Decision 98Da61968, Apr. 9, 199), the Civil Act provides for 5% per annum under the Civil Act, and from the next day to the day of full payment, the provisions on the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019) are obligated to pay the delayed damages with 15% per annum under the provisions on special cases Concerning the Promotion, etc. of Legal Proceedings and the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
B. The Defendant’s assertion 1) Illegal closure argument.