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(영문) 인천지방법원부천지원 2019.02.14 2018가단104711
관리비
Text

1. As to KRW 9,463,048 and KRW 5,973,248 among them, the Defendant shall pay to the Plaintiff the year from July 1, 2016 to April 13, 2018.

Reasons

1. On January 1, 2015, the Plaintiff was entrusted to manage the instant building by the managing body of the D Building, an aggregate building in Bupyeong-si, Bupyeong-si (hereinafter “instant building”), and the Defendant is a management company of the instant building on January 1, 2015, and the fact that the Plaintiff was a sectional owner under subparagraph E among the instant buildings before January 1, 2015 is not a dispute between the parties.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Defendant did not pay the Plaintiff KRW 5,973,248, and KRW 3,489,80,00 in total of management expenses from February 1, 2016 to May 2016, as to KRW 5,973,248 and KRW 3,489,80 in total of management expenses from June 1, 2016 to December 2016, the Defendant is obligated to pay damages for delay from February 1, 2017, for KRW 9,463,048 and KRW 5,973,248, which is the day following the last payment period, to the Plaintiff.

B. The Defendant paid 4,800,000 won as management expenses by F, the lessee under subparagraph (e) of the instant building asserted by the Defendant.

C. In light of the overall purport of the arguments in the evidence No. 4-1, No. 4-2, evidence No. 11, and evidence No. 12, the Plaintiff imposed management expenses of KRW 8,931,385 on the aggregate of management expenses from February 2, 2015 to May 2, 2016, and KRW 3,489,80 on the aggregate of management expenses from June 2, 2016 to December 2016.

The Plaintiff sought payment of KRW 2,80,000, out of the management expenses from February 2, 2015 to May 2016, the Plaintiff sought payment of KRW 5,973,248 from F, the lessee, and the remainder of KRW 5,973,248. There is no evidence to prove that F, in excess of the aforementioned amount, was paid by the Plaintiff. The evidence submitted by the Defendant alone is insufficient to recognize that the Defendant paid the management expenses from February 2, 2015 to December 2, 2016 to the Plaintiff.

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