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1. The Defendant shall pay to the Plaintiff KRW 119,563,510 as well as KRW 107,235,320 among them, from April 1, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. A. Around April 2014, the Plaintiff entered into a contract for the management of the instant commercial building with the management body of the said commercial building (hereinafter “instant contract”) on the basis of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “the instant commercial building”), and determined the collection of management expenses, usage fees, etc. as the management affairs. B104, B109, 112, 905, 906, 906, 111, 114, 125, 205, 207, 216, 220,40,401, 402, 403, 404, 406, 405, 407, 407, 410, 401, 407, 408, 410, 411-22, 201, 305, 215, 2015.
3) Monthly management expenses for the instant commercial building are the payment deadline for the end of the following month. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, 4 through 9, Eul evidence No. 1 (each entry, including various numbers, and the purport of the whole pleadings).
B. In the absence of special circumstances, an entrusted management company entrusted with the management duties by the managing body of an aggregate building may file a lawsuit against the sectional owner, etc. in its own name and claim management expenses (see Supreme Court Decision 2014Da8785, 87892, Dec. 15, 2016). According to the above facts, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff, the entrusted management company entrusted with the management duties by the managing body of the instant shopping building pursuant to the instant contract, among the total amount of KRW 119,563,510, and the management expenses thereof, to the Plaintiff, the entrusted management company entrusted with the management duties by the managing body of an aggregate building, who is the entrusted management company of the instant
2. Judgment on the defendant's assertion
A. As to the defendant's assertion, the defendant can impose management fees on the sectional owners after the plaintiff obtained prior approval on management expenses from the management body of the commercial building of this case. Such approval was not granted, and the plaintiff's service personnel under the contract of this case arbitrarily.