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(영문) 대구지방법원 2020.08.27 2018나315180
관리비
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an organization that has imposed management expenses on the tenant or owner of several Dong A commercial buildings located in Daegu, Seo-gu, etc. (hereinafter “each of the instant commercial buildings”), and the Defendants are co-owners of the instant commercial buildings E (hereinafter “instant sectioned building”).

B. Since January 2010, the FF association, who was the executor of each of the instant commercial buildings (hereinafter “the instant association”) concluded an entrusted management contract with G Co., Ltd., a specialized entrusted management company, and managed each of the instant commercial buildings. Even after the completion of the business of the instant association, the said company has been managing each of the instant commercial buildings.

C. Since J, K, L, and M, a sectional owner of the instant shopping district, except the Defendants (including Hdo, the Defendant’s representative director), paid management expenses to the Plaintiff since they acquired the sectional ownership.

After March 3, 2015, the Plaintiff acquired the ownership of the instant sectioned, and thereafter, imposed management expenses on the Defendants for the instant sectioned building. On September 29, 2016, the Plaintiff and the Defendants drafted a letter of performance guarantee of obligation (Evidence A 3; hereinafter “instant letter”) and the main contents are as follows.

The commitment to perform the obligation shall be drawn up and issued as follows with the commitment of the obligor E and the obligor B and C to perform the obligation to the representative meeting of the obligee:

Article 1 (Management Expenses, Recognition Fees, Service Charges, Overdue Charges, etc.) The debtor has failed to pay the following amounts to the creditor, and he/she is in arrears as of the date of preparation of the letter of commitment:

(1) Default management expenses (1) From March 2015 to July 2016, KRW 17,000,000,000 for total 17 months (Won 3,392,100) (2.

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