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(영문) 수원지방법원 2016.08.17 2015가단46740
관리비
Text

1. As to KRW 32,973,970 and KRW 21,368,470 among them, the Defendant shall pay to the Plaintiff KRW 10,168,90 from September 16, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management company of the entire building C located in Cheongsung-si, and the Defendant operated a private teaching institute with the sixth floor (601~605, hereinafter “instant store”). On October 6, 2015, on the ground of sale and purchase as of October 20, 2015, the Plaintiff continued to lease and operate the private teaching institute Nos. 601, 602, and 603 among the instant stores, and around January 15, 2016, the 604 of the instant store was delivered to the said D, and around February 3, 2016, the right to operate the private teaching institute was transferred to Nonparty E.

B. From October 2014 to July 2015, the overdue management expenses for the instant store (the period for which the Plaintiff claimed to pay as the complaint of this case) are KRW 21,368,470, and thereafter, the overdue management expenses for the instant store are KRW 601, 602, and 603, which the Defendant occupied and used until now, up to March 15, 2016; KRW 604 for subparagraph 605; KRW 10,168,900 for the overdue management expenses for the portion of February 3, 2016; and KRW 10,168,900 for the overdue management expenses from February 3, 2016; KRW 605, including overdue charges, are as stated in the attached Form [Attachment] management expenses.

[Reasons for Recognition] Facts without dispute, Gap 1-5 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 18, 2016 to the date following the delivery of a copy of the complaint in this case with respect to the overdue management expenses and late payment fees of KRW 32,973,970, and KRW 21,368,470 from September 16, 2015 to the date following the delivery of a copy of the complaint in this case, and KRW 10,168,900 after August 4, 2015, with respect to the overdue management expenses of KRW 10,168,900 from September 18, 2016 to the date following the delivery of a copy of the complaint in this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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