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(영문) 인천지방법원 2019.02.19 2018가단232071

관리비

Text

1. The Defendant shall pay to the Plaintiff KRW 45,422,480 and the interest rate of KRW 15% per annum from July 25, 2018 to the day of complete payment.

Reasons

1. Both claims;

A. The Plaintiff (1) is a management company of the Seo-gu Incheon Metropolitan City building C (hereinafter “instant building”).

The defendant is the occupant of subparagraphs 4 through 5 among the buildings of this case.

The defendant has not paid management expenses from around December 2016.

② Therefore, the Defendant should pay the Plaintiff the sum of the overdue management expenses from December 2016 (F and E, from November to May 2018) to May 2018.

B. It is unclear whether Defendant 1 has the right to collect management expenses.

② The amount of management expenses claimed by the Plaintiff is also unclear.

In other words, the defendant did not use the building from October 2017.

Plaintiff

The amount of claim is also included in the common part.

2. (1) Determinations. (1) The following circumstances acknowledged by comprehensively considering the overall purport of arguments in each of the statements in Gap evidence Nos. 1 through 14 (including additional numbers) are as follows: (i) the plaintiff entered into a management consignment agreement with the administrator appointed pursuant to the management rules of the building of this case around the end of June, 2015 and collected management expenses from that time; (ii) the defendant has paid management expenses to the plaintiff from July 2016, when operating the management center under the mutual sign of "G" in subparagraphs D through E, to November 2016, which was located after the moving into the center; (iii) the amount of the claim in this case is calculated as the same as the management expenses that the defendant paid to the plaintiff; and (iv) the owner of the family room (excluding H only) who leased the defendant against the defendant; in light of the above, at least the decision was rendered on April 20 through July 7, 2018, the plaintiff's assertion that the defendant already lost its credibility in light of its reasoning.

(2) Therefore, the defendant shall pay 45,422,480 won to the plaintiff and the defendant.