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1. The Defendant (Counterclaim Plaintiff) shall pay 55,049,755 won and interest to the Plaintiff (Counterclaim Defendant) from November 15, 2014 to the date of full payment.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. The Plaintiff is the management body of the A merchant Building (hereinafter referred to as the “instant commercial building”) located in two parcels outside Suwon-si, Suwon-si, and the Defendant, on November 13, 2014, purchased the sectional ownership of the instant commercial building after winning a successful bid for the first floor, Nos. 126, Nos. 127, and Nos. 128 (hereinafter referred to as “instant commercial building”) among the instant commercial buildings at a voluntary auction procedure.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the main claim
A. On December 19, 2008, the Plaintiff applied for a payment order against D, who is the former occupant of the commercial building of this case, seeking payment of the management expenses, etc. for the common area of the commercial building of this case incurred before May 9, 2008. On December 26, 2008, the Plaintiff received the payment order (Y means 26,653,926 won to the Plaintiff) stating that “D shall pay the Plaintiff the management expenses, etc. for the common area of this case, and its delay damages.” The above payment order was finalized on January 13, 2009 as it was. 2) The Plaintiff applied for the payment order against D on July 30, 2010, including D’s delinquent management expenses for the common area of this case from September 30, 2005 to June 6, 2010, the Plaintiff received the payment order from the Seoul District Court of 2008. 381,481,208.
3) The Plaintiff filed an application for payment order against D on September 10, 2013 to July 26, 2013 for payment of management expenses, etc. including management expenses, etc. for the common areas of the instant stores from July 26, 2010 to July 26, 2013, and on September 27, 2013, stating that “D shall pay damages for delay to the Plaintiff KRW 23,621,570 and KRW 21,495,420 among these amounts,” stating that “D shall pay damages for delay to the Plaintiff.”