1. The Defendant’s decision on performance recommendation for management expenses (No. 2015Gau1845) against the Plaintiff is rendered by the Suwon District Court.

1. Facts of recognition;

A. The Plaintiff is the owner of 301, 302-1, 302-2, 303, 403, and 405 (hereinafter “each of the instant sections”) from among the 301, 302-1, 302-2, 303, and 405 (hereinafter “instant building”), which is an aggregate building as an aggregate building, and the Defendant is a management body comprised of sectional owners of the said building.

B. Around January 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of management fees of KRW 13,309,884 and damages for delay incurred up to December 2014 by the Suwon District Court Decision 2015Da1845, the Defendant did not file an objection even though the Defendant received a decision of performance recommendation to pay the said money, and the said decision of performance recommendation became final and conclusive on February 28, 2015.

C. As to each of the instant sections, the Plaintiff did not fully pay KRW 38,382,660 in total amount of management expenses incurred from June 2013 to December 2014.

However, the Plaintiff paid 31,743,920 won directly to the Republic of Korea electric power among the electric charges imposed on the entire building of the instant building during the said period.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 3, 5, 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the parties’ assertion

A. The plaintiff asserted that the defendant paid the electricity fee to be paid directly to the Korean Power, and that the above electricity fee is more than the unpaid management fee at the time of the decision of performance recommendation of this case, so there is no obligation against the defendant.

In regard to this, the Defendant asserts that even if considering the above electricity charges paid by the Plaintiff, the Plaintiff did not pay all 6,638,740 won (total unpaid management expenses - 38,382,660 won - electricity charges 31,743,920 won paid by the Plaintiff) until the management expenses for the portion of December 2014, and that the Plaintiff’s claim of this case is groundless since the current unpaid amount was overdue after the decision on performance recommendation was made.

B. According to the facts of the above recognition 1, the Plaintiff did so.