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(영문) 수원지방법원 2020.12.17 2020나68080
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and that part shall be revoked.

Reasons

1. (1) On the basis of the claim, C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) newly constructed and completed registration of preservation of ownership of D commercial buildings in Yongsan-si District D (hereinafter “instant commercial building”), and sold each of the units of the units of the building. The Plaintiff (the representative of E”) entrusted the management of the instant commercial building by the Nonparty Company to the management of the instant commercial building from April 22, 2014 to August 30, 2018.

(2) Since December 22, 2012, the Defendant leased the instant shopping mall F from the owner, operated the said shopping mall F with the trade name “G Councilor” as from December 2, 2012.

(3) Under the entrustment contract for the above building (hereinafter “instant contract”), the Plaintiff imposed and collected management expenses on the occupant and the sectional owner of the instant commercial building, including the Defendant, pursuant to the entrustment contract for the building (hereinafter “the instant contract”). The Plaintiff is comprised of general management expenses, fire prevention management expenses, disinfection expenses, cleaning expenses, fire insurance premiums, repair and maintenance expenses, elevator maintenance expenses, electricity inspection expenses, TV license fees, common electricity charges, electricity funds, electricity basic charges, household electricity charges, household electricity charges, household electricity charges, household electricity charges, heavy electricity charges, and heavy electricity charges.

(4) In line with the claim of the plaintiff and the defendant, the above management expenses are classified into ① contract service expenses, ② public charges such as electricity and water supply fees, ③ other management expenses. In light of the management affairs prescribed in Article 3 of the instant contract, the part of the public charges is included in the amount on which the plaintiff vicariously pays for each household). (4) The defendant paid the total amount of the management expenses including public charges to the plaintiff during the period from September 2017 to January 2018, and the details of the water supply and sewerage charges (total KRW 176,581) among them are as follows. The plaintiff from the defendant as above.

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