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(영문) 청주지방법원 2019.09.19 2019가단21217
관리비
Text

1. As to the Plaintiff’s KRW 53,129,960 and KRW 41,202,090 among them, the Defendant shall pay to the Plaintiff KRW 11,927,870 from December 20, 2018.

Reasons

1. Basic facts

A. On December 5, 2016, the Plaintiff entered into a building management service agreement (hereinafter “instant management agreement”) with the managing body of the petition-gu C (hereinafter “C”) on the building C (hereinafter “instant management agreement”) on the initial contract date in light of the fact that: (a) the period from January 1, 2017 to December 31, 2018 was specified as “two years” from the beginning; (b) the term of the contract was entered as “two (2) years from the beginning; (c) the Plaintiff was deemed to have corrected any clerical error; and (d) managed the instant commercial building; and (e) performed affairs, such as the imposition and collection of management fees for sectional owners, etc. while managing the instant building.

B. The Defendant is the sectional owners of Category D and E of C building, and did not pay KRW 53,129,960,00 in total, KRW 49,607,250, late January 2018, plus KRW 3,522,710.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 6 evidence (including all branch numbers; hereinafter the same shall apply), Eul 1 and 2 evidence, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring special circumstances, it is reasonable to view that the defendant, as to the plaintiff, KRW 53,129,960 of the delinquent management expenses and KRW 41,202,090 among them, from December 20, 2018 following the delivery of a copy of the complaint of this case, to the plaintiff from December 20, 2018, KRW 11,927,870 of the day after the day when the copy of the complaint of this case was served, and from February 19, 2019 after the delivery of a copy of the application for modification of the claim of this case and the cause of the claim of this case to the plaintiff from February 19, 2019 [from February 19, 209, KRW 53,960-41,202,090 of the delinquent management expenses, including delay fees, the plaintiff is without delay from the day following the delivery of a copy of the claim and the claim.

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