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(영문) 창원지방법원 2017.03.07 2016가단115220

관리비

Text

1. The defendant shall pay to the plaintiff KRW 51,048,233 and KRW 48,230,03 among them, per annum from September 1, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of the sectional owners of the resting building located in 1131-4, Dong-dong 1131-4, Kimhae-si (hereinafter “instant commercial building”). The Defendant leased Nos. 316, 317, and 321 among the instant commercial buildings, and is an incorporated association dealing with domestic and overseas medical ship teachers and missionary officer services.

B. According to the management rules amended on January 25, 2008 by the Plaintiff, a sectional owner, etc. shall pay the management expenses by adding 5/100 of the amount in arrears after the lapse of the first month when the management expenses are not paid by the due date set by the administrator, and 1.8/100 of the amount in arrears every one month thereafter (24.8% per year).

C. The Defendant’s delinquency in the management expenses incurred by each sectional owner to lease the 316,317 stores among the instant commercial buildings from December 1, 2015 to November 30, 2016, and the 321 stores among the instant commercial buildings (hereinafter collectively referred to as “each of the instant stores”) from November 1, 2015 to 24 months, respectively, and occupied and used each of the said stores. As to each of the above stores, the unpaid management expenses incurred from March 2016 to July 2018, 200 won are the total amount of 48,230,03 won, and the late payment charges incurred therefrom are KRW 2,818,200.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, as the occupant of each of the instant stores, is the Plaintiff, the managing body of the instant commercial building, from March 2016 to March 2016, pursuant to the management rules.

7. 51,048,233 won (i.e., the sum of 48,230,030 won and 2,818,200 won for arrears incurred due to the unpaid management expenses (i.e., 48,230,03 won 2,818,200 won) and 48,230,03 won for management expenses out of the said money, calculated at the rate of 24.8% per annum as stipulated in the management rules, upon the Plaintiff’s request, from September 1, 2016 to the date of full payment.