A. The Plaintiff is a management service provider of the shopping mall located in Jung-gu Seoul Metropolitan Government, the 7th underground floor and the 16th ground building (hereinafter “E”), and the Defendant is a sectional owner holding the 5th floor among the shopping mall of this case (hereinafter “instant store”). The Plaintiff’s succeeding intervenor is a management body under the Act on the Management and Ownership of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) established by the management body meeting composed of all sectional owners of the shopping mall of this case including the Defendant around February 21, 2009.

B. Around May 31, 2014, the Plaintiff’s succeeding intervenor transferred to the Plaintiff management expenses claim against the Defendant, and sent the content-certified mail stating the fact of transfer to the Defendant on June 24, 2014.

After that, on February 23, 2016, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the management expenses to the Defendant, and notified the Defendant of the assignment of the said claims on March 8, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number for those with several numbers), the purport of the whole pleadings

2. Determination on the claims of the Plaintiff’s succeeding intervenor

A. The gist of the claim is that the Defendant, a sectional owner of the instant store, is liable to pay the Plaintiff’s Intervenor, who is the final transferee, the sum of the management expenses and late payment charges from May 201 to December 2013 concerning the instant store, as well as damages for delay of KRW 4,56,820 for the principal amount of the management expenses and late payment charges from May 201 to December 2013, and for delay of KRW 3,445,00 among the management expenses.

B. In light of the legislative purpose and purport of the Distribution Industry Development Act to promote the establishment of commercial transaction order and consumer protection through efficient and uniform maintenance of one superstore, the management body has performed the maintenance work of the building, including the imposition and collection of management fees, regarding the superstore which is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings.