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1. The Defendant’s KRW 126,683,040 as well as 5% per annum from November 1, 2017 to December 11, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. Around March 2016, the Plaintiff, a business of which the establishment management business, etc. is intended, agreed to perform the duty of imposition and collection of management expenses related to the above commercial building when concluding a building management contract with D shopping mall located in the Nam-gu Incheon Metropolitan City, Seoul (hereinafter “D shopping mall”).
B. The Plaintiff is the owner of No. 5, F, and G’s above shopping mall H and I (hereinafter collectively referred to as “instant shopping mall”), and operates a private teaching institute under the trade name of “J” in the instant shopping mall.
C. From November 2014 to October 2017, the Plaintiff neglected to pay the management expenses of the instant commercial building, and neglected to pay the management expenses of KRW 126,683,040 in total, including the details of the unpaid management expenses (=management expenses of KRW 105,07,040 in arrears of KRW 20,812,970 in delay).
[Ground for Recognition: Facts without dispute, Gap evidence 1, 3 through 5, 7, 8, 10 evidence, and the purport of whole pleadings]
2. Determination
A. According to the above facts as to the Plaintiff’s cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 126,683,040, including management expenses, etc. for the instant commercial building from November 1, 2017 to December 11, 2017, which is obviously a delivery date of a copy of the claim of this case and the application for modification of the cause of claim of this case from November 1, 2017.
B. As to the Defendant’s assertion, the Defendant asserts to the effect that there is no legal basis for imposing the late payment charge, and that there is no obligation to pay the Defendant the amount equivalent to the late payment charge. The late payment charge imposed when the payment of the management fee for an aggregate building is overdue is a kind of penalty (see Supreme Court Decision 2004Da3598, 3604, Jun. 29, 2006).