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(영문) 서울남부지방법원 2016.09.28 2015가단44124
관리비
Text

1. The defendant shall pay to the plaintiff KRW 61,69,930 and KRW 60,090,070, out of the above money, from July 16, 2015 to the day of full payment.

Reasons

1. The Plaintiff’s cause of claim - The Defendant, who does not dispute from January 2015 to April 2015, did not pay the management expenses for 16 commercial buildings (hereinafter “instant commercial buildings”) including underground floor Nos. 7, etc. managed by the Plaintiff, and the principal amount of which is 60,090,070, and the late payment charges of which is 1,609,860, as follows, is the sum of 61,69,930 won, and there is no dispute between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from July 16, 2015 to the date following the delivery of the original copy of the instant payment order to the Defendant with respect to the total amount of KRW 61,69,930 and KRW 60,070,070, among the above money in arrears, to the Plaintiff, barring special circumstances.

2. Judgment on the defendant's assertion

A. Notwithstanding the Plaintiff’s management rules, only the management expenses for the section for common use among the delinquent management expenses of D, the former owner of the instant commercial building, shall be succeeded to the Defendant. The Plaintiff, by taking measures, such as the full amount of the delinquent management expenses, as well as the suspension of water supply, pressure the Defendant to pay the management expenses in a manner that obstructs the Defendant’s interior construction, and the Defendant paid the sum of KRW 184,432,610 in 11 times during the period from April 24, 2014 to August 21, 2014. The remainder of KRW 58,193,570, excluding the portion exceeding the management expenses for the section for common use or the part extinguished by the prescription, was received by the Plaintiff without any legal cause, and thus, the claim for return of unjust enrichment shall be offset to the extent equivalent to the Plaintiff’s claim for overdue management expenses

B. The judgment that the Defendant paid to the Plaintiff as management expenses for the arrears of the former owner is “127,207,940 won” is the Defendant, and the entire purport of the pleadings is taken into account in each of the statements in the evidence Nos. 5 and 14, the above amount is about the instant commercial building from March 2, 2011 to February 2014 by the former owner.

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