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(영문) 서울중앙지방법원 2017.04.05 2016나63523

기타(금전)

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. Basic facts

A. Four (1 Dong, 2 Dong, 3 Dong and 5 Dong) of Down in Jongno-gu Seoul, Jongno-gu, where the Plaintiff and the Defendant reside, consisting of four (1 Dong, 2 Dong, 3 Dong and 5). The representative of residents was separately determined, and the Defendant has been responsible for the representative of 18 households in total 3 and 5 (2).

B. On November 26, 2015, the Defendant sent a text message to the head of the household via a mobile phone, stating that if the account number is notified by each household of the resident representative, the Defendant would deposit the remaining management expenses and advance payment.

C. After that, until December 1, 2015, the Defendant refunded all of the remainder of 17 households, other than the Plaintiff, with the remainder of management expenses and advance payment. D.

On December 2, 2015, the Plaintiff notified the Defendant of the account number for refund of management expenses and advance payment through a mobile phone text message, but the Defendant did not refund KRW 1,101,160 in total with the management expenses to be paid by the Plaintiff until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. According to the facts found in the above facts in the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of unpaid management expenses, advance 1,101,160 won, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 1, 2016 to the date of full payment, as claimed by the plaintiff, at the request of the plaintiff after the date of the return request.

B. The Defendant’s argument regarding the Defendant: (a) at the time of his/her employment as the representative of residents of 3,00,000 won, he/she donated 3,00,000 won to facilitate harmony among residents at the time of his/her employment as the representative of residents of 3,00,000 won; (b) since his/her employment as the Plaintiff’s wife E and the Defendant’s wife F have resigned from the representative of residents, the part corresponding to the Plaintiff’s household out of 3,00,00