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1. The Defendant’s annual interest in KRW 2,835,302 and KRW 2,750,780 among the Plaintiff, from December 22, 2015 to December 7, 2016.
Reasons
1. The Plaintiff’s basic facts are managing and operating a building as a shopping complex management body A located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “A”), and was established on November 28, 2014.
The defendant is running a business in the library A in the room of 301, 318, 319, 320, 340, and 341, and from the end of August 2013, the defendant entered into a lease contract with D, the owner of which is a corporation, with respect to the room of 302-1, 302-2, and 321 (hereinafter referred to as "302-1, 302-2, and 321 room").
On August 26, 2013, A 302 and 321, a lease contract was concluded by setting a user fee of six months as 4.2 million won. On September 15, 2015, a lease contract was concluded by setting a monthly rent of 600,000 won.
The specific lease agreement entered into by the defendant with the above D is as follows:
The unpaid management expenses and the unpaid management expenses incurred by the Defendant during the following period from November 2013 to September 2015, 2013, from September 2013, 2013 to September 2015, 2015, including the unpaid amount of KRW 9,67,024 won 18,649,827 won 4,213,845 won, 1,637,880 won, 3,722,00 won, 657,390 won in total, 11,304, 904, 22,371, 827 won in total, 4,871, 235, 357, 966 won in arrears.
On the other hand, A's commercial rules are defined as follows.
The possessor of Article 4 (2) shall have the same obligation to be borne by the sectional owner in accordance with the regulations and the resolution of the meeting of the managing body in relation to the use of the object subject to management.
Article 75 (Management Expenses) (3) A possessor shall be jointly and severally liable with a sectional owner for management expenses incurred during the period of occupation of the section for exclusive use.
When the occupant under paragraph (5) fails to pay the management expenses by the due date designated by the manager, he/she shall pay 24% late payment fees per annum for the principal and principal in arrears of the annual management expenses.
Article 77 (User Fee) (1) A management body may collect the following user fees on its behalf for the convenience of sectional owners, etc. along with the management expenses and pay them to the collection authority:
(2)