1. The Defendant shall pay to the Plaintiff KRW 354,429,663 and the interest rate of KRW 12% per annum from June 11, 2019 to the date of full payment.

Basic Facts

In around 2012, the Plaintiff entered into a management service agreement with the Defendant on the “D Building” (hereinafter “instant building”) of the third underground floor and the 17th floor size above the ground in Yangju-si, and is performing management duties in the instant building since March 2015.

On April 27, 2017, the Defendant prepared a written pledge to pay management expenses (Evidence A) with the content that the unpaid management expenses (in March 24, 2017, the unpaid management expenses and the late payment fees as of April 24, 2017) including late payment charges (in total, KRW 258,740,238), including late payment charges, totaling KRW 258,740,238, and there was a statement stating that “where the Defendant directly confirmed the data and the details of the calculation, and the overdue rate of 2% per month notified in the management expenses statement is applied.”

On the other hand, the defendant's unpaid management expenses (including overdue fees) are total of KRW 354,429,663 as of August 27, 2019.

【In light of the facts without dispute as to Gap’s ground for recognition, Gap’s evidence Nos. 4, 5, 8 through 11, 14 through 54 (including provisional number), and the above basic facts as to the ground for determining the purport of the entire pleadings, the defendant will serve the plaintiff the above KRW 354,429,663, and the following day after the delivery of a duplicate of the application form for modifying the purport of the claim and the ground for the claim, which was stated in paragraph (1) of the amendment of the purport of the claim and the ground for the claim, on September 2, 2019, in consideration of the circumstance that the principal of the claim stated in the application form for changing the purport of the claim and the ground for the claim was reduced compared to the claim principal stated in the amendment of the claim as of June 5, 2019.”

It is obligated to pay 12% interest per annum from the date of full payment to the date of full payment.

The defendant's assertion argues that since the plaintiff unilaterally set the criteria for calculating the management expenses of the building of this case, such as management expenses per square meter and the overdue interest rate of 2% per month, it is necessary to re-calculated the unpaid management expenses including overdue interest.

The defendant on April 27, 2017 is the plaintiff.