관리비
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall of the 7th underground floor in Jung-gu Seoul and the 16th apartment building of the ground (hereinafter “D”).
The Plaintiff filed an application for the registration of the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act and received the registration certificate of the superstore from the head of the Jung-gu Seoul Metropolitan Government on April 22, 201, and on September 4, 2013, the head of the Gu accepted the Plaintiff’s report from the operator of the superstore, thereby dealing with the duties such as imposing and collecting management fees and claiming management fees for the unpaid operator of the shopping mall in this case as the qualifications of the operator
B. The defendant is a sectional owner of the E-ho store on the sixth floor of the shopping mall building of this case (hereinafter referred to as "the store of this case").
C. The Defendant did not pay 2,111,150 won in total of the management expenses and late payment fees for the instant store, which falls within the period from January 2014 to May 2016 (=one thousand and seven hundred won in arrears of management expenses, 1,738,390).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 7, part of Eul evidence Nos. 17 and 18, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, a superstore manager of the shopping mall of the shopping mall of this case, a total of 2,111,150 won for unpaid management expenses and late payment fees, and 1,738,390 won for unpaid management expenses concerning the store of this case, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 10, 2017 to July 12, 2018, the date following the delivery of a copy of the complaint of this case, which is the date of the judgment of the court of the first instance, to the effect that it is reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform, barring special circumstances.
3. Judgment on the defendant's assertion