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1. The Defendant’s KRW 5,110,120 as well as the Plaintiff’s annual rate of 5% from October 22, 2013 to April 7, 2015.
Reasons
1. Basic facts
A. On May 28, 2008, the housing reconstruction and rearrangement project association in Jeju-gu 1 and 2 complex 1 and 2 complex 2 newly constructed an apartment complex located in the 6, Dong-dong, Incheon-dong, and 5 lots (hereinafter “instant apartment complex”), and obtained authorization for completion on May 28, 2008. On May 9, 2008, the Defendant entered into a contract for multi-family housing contract management with the said association by setting the contract term from May 30, 2008 to May 30, 2009.
B. The Plaintiff is a non-profit corporation consisting of occupants of the instant apartment around April 8, 2009.
C. On May 1, 2009, the Plaintiff entered into a multi-family housing contract management agreement with the Seocho Integrated Housing Management Co., Ltd. (hereinafter “Seoul Integrated Housing Management Co., Ltd.”) to entrust the management of the instant apartment from June 1, 2009, and the Defendant transferred all documents and passbooks related to the management affairs to the succeeding controlled entity on or after the end of July 2009, and completed the transfer of the management affairs to the succeeding controlled entity on or after the end of July 26, 2009.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3, 4, 11, 12 (including relevant numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that management expenses incurred in June and July 2008 were divided into KRW 242,246,189, tenant portion 28,829,851, while managing the apartment of this case, the defendant collected only KRW 242,246,190 from the contractor and neglected to collect management expenses for the tenant portion 28,829,850, and the management expenses equivalent to the above amount were extinguished by the prescription. The defendant neglected to collect management expenses for the apartment of this case in July 2008.