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(영문) 인천지방법원 2019.11.14 2019나58318

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, even if the defendant considered both the supplemental arguments and evidence in the trial, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that since the additional judgment exceeds the management expenses of KRW 133,050, it does not have the obligation to pay unpaid management expenses.

However, the evidence submitted by the defendant alone cannot be deemed to be a repayment to the plaintiff for the management expenses of KRW 360,000 on July 13, 2016 (at that time, the defendant's assertion is without merit on the premise that the payment of the management expenses of KRW 360,00 cannot be deemed to be a valid repayment even if the defendant paid KRW 360,00 to C, D, etc. or was actually used for the purpose of apartment management) on the premise that the payment of the management expenses was valid.

3. The plaintiff's claim of this case should be accepted within the scope of the above recognition, and the remainder should be dismissed.

The judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit.