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(영문) 서울중앙지방법원 2018.12.12 2018나42377

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. Basic facts

A. In accordance with the Distribution Industry Development Act, the Plaintiff, the competent authority on September 4, 2013, completed reporting procedures by the head of Jung-gu Seoul Special Metropolitan City, the head of the Gu with respect to the seven underground floors in Jung-gu, Seoul and the 16th ground-based building (hereinafter “instant shopping mall”), and processes the imposition and collection of management fees for the instant shopping mall in his/her capacity.

B. The Defendant is a sectional owner who acquired the ownership of the shopping mall No. 2-E and F-ho (hereinafter “each of the instant stores”) on October 27, 2008.

C. The Defendant did not pay the management expenses of each of the instant stores during the period from November 2013 to February 2016. Accordingly, the Defendant’s unpaid management expenses and late payment fees are as listed below.

The fact that 3,69,047,07,00 won 3,70,90,907 F 2,935,987,987 won 763,060 won 3,69,047, 5,871,974 won 1,527,980 7,99,954 7,954 - The fact that there is no dispute, Gap 1 through 3,5,7,77,8,8, 12, 15, 16, and 20 through 26 of the evidence, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 15% per annum from October 6, 2016 to the day of complete payment, as sought by the Plaintiff, among the unpaid management expenses and late fees from November 2013 to February 2016, as well as the amount of 7,39,954 won, which is the day following the delivery date of the original copy of the instant payment order.

B. The Defendant’s assertion that the Defendant’s assertion was based on the calculation method of management expenses imposed by the Plaintiff in each of the stores of this case is without grounds, and the Plaintiff unilaterally follows the unfair standard. Therefore, the Plaintiff cannot comply with the Plaintiff’s claim for management expenses in accordance with

In addition, the plaintiff's management fee claim in accordance with the above calculation method exceeds the appropriate management fee among the management fee already paid by the defendant.