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(영문) 인천지방법원 2015.01.14 2013가단7027
관리비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,392,520 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from December 14, 2012 to January 14, 2015.

Reasons

1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; (b) there is evidence Nos. 5-3, 5, 4, 5, 6, and 8; and (c) evidence Nos. 7-1 of evidence No. 7.

A. The Defendant did not pay to the Plaintiff the principal of management expenses of KRW 485,890 and KRW 307 from May 2010 to August 2012, 201 for the management expenses of KRW 5,906,630 from July 2009 to April 2010 for the management expenses of KRW 485,890 and KRW 307.

B. The Defendant used No. 161 free of charge to the said shopping mall on the condition that the Plaintiff’s business operator association should pay the management expenses. The said shopping mall was used as an office from September 2007 to October 201, and used it as a meeting room. The Defendant paid the Plaintiff totaling KRW 11,059,440 for the management expenses during the said period.

C. When the Defendant paid the Plaintiff the unpaid management expenses for the family room owned by the Defendant, the Defendant paid the Plaintiff the late payment charge of KRW 1,057,020 (No. 118, KRW 782,280, KRW 121, KRW 127, KRW 21,050, KRW 161, KRW 95, KRW 790, KRW 214, KRW 214, KRW 220, KRW 223, KRW 2238, KRW 24,130, KRW 222,080, KRW 242,470, KRW 305, KRW 30, KRW 3050, KRW 2238, KRW 239, KRW 2322,470, KRW 305, KRW 990) along with the principal of the management expenses.

2. Determination on the main claim

A. The Plaintiff’s assertion is a clerical error in the management expenses of KRW 607,370 for management expenses of KRW 208 from May 2010 to August 2012 (i.e., principal amount of KRW 485,890 plus KRW 121,460) and KRW 7,867,010 for KRW 307 from July 2009 to April 2010 for management expenses of KRW 5,906,630 for the principal amount of KRW 1,960,380 for late payment charges of KRW 1,960 for the principal amount of KRW 567,730 for the modification of the purport of the claim and the cause of the claim as of November 18, 2014.

) Since the Defendant did not pay the above management expenses, the Defendant is obligated to pay the Plaintiff the total management expenses of KRW 8,474,380 and the delay damages therefor.

B. The defendant's assertion recognizes the fact that the defendant did not pay the management expenses set forth in 208 and 307, but the legal basis for the imposition of the late payment charges is established.

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