1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

1. Basic facts

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall of this case, which is a 7th underground and 16th ground building located in Jung-gu Seoul Metropolitan Government (hereinafter “D shopping mall”).

The plaintiff applied for the registration of the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act and received the registration certificate from the head of the Jung-gu Seoul Metropolitan Government, and handle the duties such as imposing and collecting management fees of the shopping mall in this case and claiming management fees for the unpaid manager.

B. The Defendant is a sectional owner of No. 4013 of the fourth floor (hereinafter “instant store”).

C. The Defendant did not pay a total of KRW 2,111,150 (i.e., management expenses and late payment fees for the store of this case, which correspond to the period from January 2014 to May 2016 (i.e., late payment KRW 1,738,390).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who is the manager of the shopping mall in the shopping mall in this case, delay damages at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2017 to the date of full payment, with respect to the total amount of unpaid management expenses and arrears 2,111,150 won, and the unpaid management expenses 1,738,390 won among them, starting from November 25, 2016, the following day after the delivery of the original copy of the payment order in this case, and with respect to the remaining late payment amount of KRW 372,760, the remainder of the payment order in this court,

The plaintiff claimed damages for delay from the date of serving the original copy of the payment order of this case against the above 372,760 won, but this is a debt with no fixed deadline, but there is no evidence to deem that the plaintiff notified the payment thereof.