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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The plaintiff is the management body of the D third building, an aggregate building in Gwangjin-gu Seoul Special Metropolitan City.
B. The Defendant is the owner of the above building 810 (hereinafter “instant family room”).
The Defendant leased the instant heading room to E.
C. Article 10(2) of the Plaintiff’s Management Rules provides that “Where a tenant leases his/her exclusive section of exclusive use to a user, etc., he/she shall be liable to the relevant occupant for the overdue portion of the management fees and usage fees,” Article 56 provides that the overdue amount calculated by the ratio of 25% per annum to the unpaid management fees shall be paid if the overdue period exceeds one year.
The Defendant and E did not pay the aggregate of KRW 5,616,540 in management expenses from October 2013 to June 2014 as follows, and the aggregate of late payment charges calculated in accordance with the above management rules as of October 27, 2015 is KRW 1,415,900.
The facts that: (a) on June 334, 2014, 120 95, 290, 517, 230 517, 230 129, 310 April 5, 2014; (b) 147, 640 147, 640 685, 240 171, 310 728,750 182, 190 190 718, 350 179, 590 90 ; (c) on May 6, 2014; (d) on March 6, 2014; (e) on March 68, 2014; (e) on February 728, 750; (e) on January 18, 2013; and (e) on May 16, 2015>
2. Assertion and determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,032,440 in aggregate of the unpaid management expenses and late payment fees and KRW 5,616,540 in total, and the unpaid management expenses, 5,616,540 in total, the damages for delay calculated at the rate of 25% per annum from October 28, 2015 to the date of full payment, following the day following the delivery of a copy of the application for modification of the purport of the claim
B. As to the Defendant’s assertion, the Defendant took measures against the instant heading room for a total of 123 days during the period from October 25, 2013 to June 15, 2014, on five occasions during the period from October 25, 2013.