(영문) 수원지방법원 2014.02.13 2013나12003

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(영문) 수원지방법원 2014.02.13 2013나12003

관리비 등

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The Defendant’s judgment on the Defendant’s defense prior to the merits is not a legitimate representative of the Plaintiff, and the instant lawsuit is unlawful. However, in full view of the overall purport of the pleadings in the written evidence No. 1, No. 6-1, No. 12, and No. 19, the Defendant’s defense prior to the merits is acknowledged as having been appointed as the Plaintiff’s representative on August 30, 2010, and there is no evidence to acknowledge that C lost its representative’s qualification. Accordingly, the Defendant’s defense prior to the merits is rejected.

2. Judgment on the merits

A. The summary of the Plaintiff’s assertion (1) (A) although the Defendant is obligated to pay management expenses to the Plaintiff, the Defendant paid management expenses from May 2, 2011 to January 2012 to G Co., Ltd. (hereinafter “G”) and D’s account, other than the Plaintiff’s account in the name of the Plaintiff. The management expenses not paid during the above period are KRW 2,986,529 in total.

(B) The Defendant paid 50,000 won per month to the Plaintiff for the occupation and use of part of common areas of an aggregate building managed by the Plaintiff. However, the Defendant did not pay KRW 750,000 out of the occupation and use fees for common areas from May to February 2, 2013.

(C) If the management expenses are not paid by the due date, the late payment charges shall be included, and the late payment charges to be paid by the defendant shall be KRW 773,086.

(D) Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay for KRW 3,736,529, excluding the total management expenses, etc. and the late payment charges.

(2) From February 2012 to February 2013, 2013, the gist of the Defendant’s assertion paid all the management expenses to the Plaintiff. The management expenses from May 201 to January 2012 were paid to G and D accounts in the name of G and D, but this is valid as repayment to quasi-Possessors of claims.

B. (1) Determination on management expenses from May 201 to January 2012 (A) is subject to dispute between the parties.

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