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(영문) 인천지방법원 2015.08.18 2015나4184

체납관리비등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence 1 to 3, and 6 and the whole purport of the pleadings.

(1) On October 20, 2010, the Plaintiff was a management body composed of the sectional owners of the building A, a commercial building located in Bupyeong-gu, Nowon-gu, Seoul (hereinafter “instant commercial building”). The management body rules was enacted on October 20, 2010.

B. On the other hand, the term of the contract was set from January 17, 2010 to January 16, 2011, and the term of the contract was extended from January 17, 2011 to January 16, 201, and the term of the contract was extended from January 17, 2011 to January 16, 201. The term of the contract was extended from January 17, 201 to January 201 to January 16, 201, and the management of the commercial building was carried out, including imposing management fees on the sectional owners of the commercial building of this case.

On the other hand, on the other hand, around November 30, 2010, the Plaintiff entered into a contract to entrust the instant shopping district management business with the development of Nam-gu Co., Ltd. (hereinafter “Seoul-do Development”) around December 1, 2010 through November 30, 201. However, the said contract was not properly implemented due to the reasons such as: (a) the instant prosperity and the management office was conducted; and (b) the management office was occupied.

Applicant The Defendant owned the instant commercial building 605 from February 16, 2007, and the Defendant did not pay to the Plaintiff management fee of KRW 975,090 and late payment charge of KRW 87,758 from January 16, 201 to June 6, 201.

B. In light of the above facts, the Defendant is obligated to pay the Plaintiff KRW 1,062,848 (= KRW 975,090, KRW 87,758) and damages for delay, barring special circumstances.

2. The Defendant’s argument regarding the Defendant’s assertion is at that time the management expenses from January 2, 201 to June 201 for which the Plaintiff seeks payment as above.