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(영문) 서울동부지방법원 2016.03.22 2015가단14786
관리비
Text

1. The Defendant’s annual interest in KRW 58,03,240 and KRW 53,168,010 among the Plaintiff, from September 18, 2015 to September 30, 2015.

Reasons

1. The following facts as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 7.

The plaintiff is an organization established to use and manage the above commercial buildings in accordance with the self-governing rules of the autonomous council composed of the occupants of gallonia and gallon's 85, Seongdong-gu, Seoul.

B. The Defendant is a corporation that leases and occupies the above section for exclusive use of the second floor (B208) from the sectional owner.

C. The Plaintiff imposed management expenses on each shop occupant according to the self-governing rules, and the Defendant is in arrears with the management expenses of KRW 53,168,010 from October 2014 to July 2015 and the late payment charges of KRW 4,865,230.

According to the above facts, the defendant is obligated to pay to the plaintiff 58,03,240 won in total of the management expenses and arrears and 53,168,010 won in management expenses, 20% per annum from September 18, 2015 to September 30, 2015, which is the following day after the written amendment of the purport of the claim is served on the defendant, and 15% per annum from the following day to September 30, 2015.

2. Judgment on the defendant's assertion

A. Although the Defendant’s illegality of the imposition of electricity and water supply fees, despite the closure of the business place from November 25, 2014, it is alleged that it is unreasonable to impose water and electricity fees on the section for exclusive use in the business place even though the Defendant’s employee visited the business place and inspected the business place, it is common sense to view that the water and electricity fees are imposed on the Defendant as it used electricity and water while performing activities such as visiting and inspecting the business place. In addition, since the Defendant did not submit any evidence to acknowledge why the management fees imposed on this part were erroneous, this part of the allegation is without merit.

B. The defendant who is not separated from commercial management expenses/residential management expenses shall be the plaintiff's galglar sal.

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