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1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. The Plaintiff entered into a management consignment agreement on the instant building with the council of occupants' representatives in Dongdaemun-gu Seoul Metropolitan Government (total 132 households, hereinafter "the instant building") and the management body managing the instant building. The Defendants are co-owners who own 1/2 shares as to 418 of the instant building.
B. The Plaintiff claims the payment deadline for the management expenses each month by the 15th day of the following month, and the management rules on the instant building stipulate that the management rules on the instant building should add 2% of late payment charges after the payment deadline.
C. The Defendants paid only the partial management expenses on June 2013 regarding the No. 418 of the instant building. D.
The sum of the unpaid management expenses and late payment charges from July 2013 to June 2015, 2015 regarding No. 418 of the instant building is KRW 2,137,328 as shown in the attached Form (i.e., the late payment management expenses of KRW 2,098,370).
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, barring any special circumstance, the Defendants, the owners of each of the 1/2 shares in the instant building No. 418, are obligated to pay 1,068,664 won each to the Plaintiff, the managing body of the instant building (i.e., the sum of the unpaid management expenses and late fees (i.e., 2,137,328 won and late payment fees) and 1,049,165 won each of the Defendants of the unpaid principal from September 2, 2015 to September 2, 2015, the day following the delivery of the duplicate of the instant complaint, which is deemed reasonable for the Defendant to dispute over the existence and scope of the obligation to perform, as requested by the Plaintiff, 2% per annum from September 27, 2017 to October 27, 2017, and damages for delay calculated by 15% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to
The plaintiff jointly and severally demanded the defendants to pay unpaid management expenses, but the building management rules, etc. of this case are divided buildings.