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(영문) 수원지방법원 2019.05.29 2018가합421
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 609,848,820 and the interest rate of KRW 15% per annum from January 18, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant is the implementer of the construction project of the building Heung-gu A (hereinafter referred to as the “instant building”). However, the Defendant did not pay part of the water rate (from August 8, 2010 to October 201, from February 2011 to May 201, 201).

B. On December 24, 2014, the Plaintiff, a managing body of the instant building, settled the management expenses and public charges, etc. to be borne by the Defendant, including unpaid water rates (582,868,970 won), as KRW 1,713,526,238, and agreed to receive the said money in installments from the Defendant as KRW 150,00,000 on December 31, 2014 (1), ② KRW 363,526,238 (2), ③ on March 31, 2015, ③ on July 31, 2015, by dividing them into KRW 1,20,000 (3).

(hereinafter “instant agreement”) C.

According to the agreement of this case, the Defendant paid the Plaintiff the sum of KRW 513,526,238 of the above 1,238 won, and provided that the water rate of KRW 582,868,970 out of the third amount would be paid directly to the 3rd amount, and only the remainder of KRW 617,131,030 was paid.

Since then, the Defendant did not pay the above water rate of KRW 582,868,970, and on November 30, 2017, the Director of the Yongsan-si Waterworks Business issued a public notice to the Plaintiff, stating that the Plaintiff should pay the unpaid water rate by sending it to the Plaintiff.

E. On November 30, 2017, the Defendant filed a lawsuit against the head of the business office of the Young-si Water Services (U.S. District Court 2018Guhap61407), but the said court rendered a judgment dismissing the lawsuit on July 5, 2018 on the ground that “The pre-announcement of the above disposition does not constitute an administrative disposition subject to the revocation lawsuit, and the other party is not the defendant,” and the above judgment became final and conclusive thereafter.

F. The above water rate of KRW 582,868,970 is KRW 609,848,820 as of November 30, 2017, on which penalty taxes and heavy penalty taxes are attached.

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