관리비
1.The judgment of the first instance, including the Plaintiff’s claim that has been reduced in the trial, shall be modified as follows:
The plaintiff's ground for appeal.
1. In the first instance court, the Plaintiff sought management expenses of KRW 10,288,390 (including annual overdue fees of KRW 888,300) against the Defendant and damages for delay at the rate of 16% per annum. The first instance court dismissed all the Plaintiff’s claims.
The part of the claim of 5,694,577 out of the principal of the overdue charge of 88,300 and the management fee of 5,694,577 out of the principal shall be withdrawn in the trial after only the plaintiff appealed, and only the claim of 3,705,513 of the remaining principal of the management fee and the damages for delay shall be claimed at the rate of 15.2% per annum. Thus, the scope of the trial of this court is limited to the above reduced claim.
2. Basic facts
A. A. A management body B (hereinafter “management body”) is a management body composed of all sectional owners of an aggregate building D (hereinafter “D building”) with two underground floors, five floors above ground, and 15,028.94m2 located in Seo-gu Daejeon, Seo-gu, Daejeon, pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), and has performed management affairs, including the imposition and collection of management fees for D building from November 2003 when D building is completed.
B. On November 1, 2011, the Lao Development Co., Ltd. concluded a management service agreement with the management body for D buildings and imposed and collected management expenses for D buildings, and changed the trade name on November 24, 2015 to the Plaintiff.
(hereinafter referred to as the "Plaintiff, regardless of whether it is before or after the change).
On July 20, 2004, the E Steering Committee received a registration certificate for the establishment of a superstore (market) under Article 8(1) of the Distribution Industry Development Act with respect to buildings from the head of Seo-gu Daejeon Metropolitan City.
An incorporated association F (hereinafter referred to as the "Standing Business Association") shall obtain consent from at least 2/3 of the shop occupants of the D building with respect to the establishment of the corporation on January 2009, after obtaining permission for incorporation from the Daejeon Metropolitan City Mayor on June 29, 2009, and completed the registration of incorporation of the corporation on May 21, 2012.