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1. The Defendant’s KRW 21,640,790 for the Plaintiff and 5% per annum from December 13, 2014 to April 15, 2015.
Reasons
1. Basic facts
A. On November 2009, the Plaintiff entered into a contract under which the Plaintiff was entrusted with the management of the instant apartment by the Seocho-gu Seoul Metropolitan Council for Residents' Representatives of Apartment Houses (hereinafter “instant apartment”), and the contract has been renewed so far.
Article 8 of this Management Entrustment Contract is defined as follows:
- The plaintiff notifies, imposes, and collects management expenses, user fees, etc. to the occupant (asy as possible).
- In the case of lease, the final liability for the management costs is the owner.
(2) In addition, Article 12 of the Management Rules of the instant apartment is similar to the above Management Entrustment Contract.
- Where an occupant has leased a house owned by him to the user, he shall be liable for the overdue portion of the management fee and the user fee.
B. The defendant's default on management expenses (1) The defendant occupied and used the apartment Nos. 501, 502 of this case, but the possessor of the right is not clear.
The management fee was not paid, and the unpaid amount was KRW 57,663,010 (the principal 51,895,890 late 5,767,120) as stated in the purport of the claim.
In addition, until December 12, 2014, the Defendant paid the Plaintiff totaling KRW 36,022,220 to the Plaintiff by several times until December 12, 2014.
(2) Meanwhile, apart from the instant lawsuit, the Plaintiff filed a lawsuit claiming for the payment of the delinquent management fee of KRW 24,697,320 against the Plaintiff, the owner of 501 apartment complex, and the payment of KRW 48,936,340 against C, the owner of 502 apartment complex, respectively, and the judgment in favor of the Plaintiff was rendered final and conclusive in each of the instant cases.
The Seoul Central District Court 2014da35257 case, the court 2014Gada50256 case, and the court 2014Gada50256 case, and there is no dispute, Gap 1 through 10 (including each number), Eul 1 through 4, and the Korea Electric Power Corporation.