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1. The Defendant shall pay to the Plaintiff KRW 25,39,720 and the interest rate of KRW 15% per annum from November 24, 2015 to the day of full payment.
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence Nos. 1, 2, Gap evidence Nos. 6 and 7, the purport of all pleadings);
A. The Plaintiff is a management body established automatically pursuant to the Act on the Ownership and Management of Aggregate Buildings for the purpose of carrying out a project on the management of the building site and its affiliated facilities, which is an aggregate building consisting of the Seoul Special Metropolitan City Gwangjin-gu ground sales Dong and the office building (hereinafter “instant building”), and is composed of all sectional owners of the instant building.
B. The Defendant is a sectional owner of 8th floor D016 and d017 of the same floor (hereinafter “each of the instant stores”).
C. The Defendant did not pay a total of KRW 25,39,720 for each of the instant stores from November 2012 to July 2015.
Plaintiff
According to the regulations, a sectional owner is liable to bear the management expenses, etc. required for the maintenance of a building (Article 6 subparagraph 5); the content of management expenses includes direct expenses, which can be classified by sectional owners such as electricity used directly by sectional owners, and common expenses, such as electricity for common areas, etc. (Article 47). If a sectional owner, etc. fails to pay the management expenses under Article 47 by the due date determined by the manager, 5/100 of the delinquent amount shall be added to the late payment charges every one month after the due date.
(Article 50 subparagraph 1) 2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the management expenses and the late payment damages calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 24, 2015 to July 2015, as sought by the Plaintiff, as the Plaintiff seeks, from November 24, 2012 to July 2015, the sum of the management expenses and the late payment charges therefor, and the late payment damages calculated from November 24, 2015 to the day of full payment.
B. The defendant's assertion and the defendant.