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(영문) 수원지방법원안산지원 2015.05.29 2014가단22116
관리비
Text

1. The defendant shall pay 58,35,30 won to the plaintiff and 39,249,830 won among them to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of the service security and facility management business, etc., and signed an entrustment management contract with the management body of A shopping shopping mall on the ground C in light of light (hereinafter “instant building”) and managed the said building.

B. From March 2006, the Defendant entered into a contract for leasing the above store from the owners of some of the four stores on the fourth floor of the instant building (hereinafter “instant store”). The lease contract entered into at the time includes the content that the Defendant would pay management expenses to the administrator of the instant building and comply with the regulations of the management body of the instant building.

C. On July 16, 2006, the Defendant registered the location of the instant store as “D” and the Defendant’s father, “E” operated the instant store at around that time.

E displayed a household at the instant store from January 7, 2013 to November 30, 2013. During the said period, management expenses for the instant store are KRW 39,250,300, and the late payment charges are KRW 19,085,50 as of May 20, 2014.

E. Meanwhile, the part relating to the instant case among the bylaws of the instant building management body is as follows.

Article 42 (Duties of Custodians) The administrator shall perform the following duties:

7. Imposition, collection, deposit, and use of management expenses. Article 50 (Administrative Fines for Management Expenses, etc.)

1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the designated payment deadline, he/she shall pay 5/100 of the unpaid principal plus late payment fees every month after the expiration of the payment deadline;

2. Where a sectional owner, etc. fails to pay management expenses for not less than two months, the manager may take business suspension, suspension of power supply, suspension of fraction, closure, prohibition on shipping goods into or out of the bonded area, or other necessary measures

[Grounds for Recognition] Unsured Facts, Gap evidence Nos. 1, 2, 4, 5, 6, 9.

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