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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
Basic Facts
A. On January 26, 2010, the Plaintiff entered into a contract with the Defendant for the lease of the E B04 (hereinafter “instant lease contract”) with a deposit of KRW 10,000,000, monthly rent of KRW 2,000,000, and the period from February 2, 2010 to May 1, 2010 (hereinafter “instant lease contract”).
Under the instant lease agreement, various public charges, such as management fees, imposed on the instant building, were borne by the Defendant, the lessee.
Since then, the term of the instant lease agreement was extended by November 12, 2010.
B. When the management expenses of the instant building were in arrears, the Housing Complex Management Co., Ltd. entrusted with the management of an aggregate building to which the instant building belongs (hereinafter “the instant controlled entity”) filed a lawsuit against the Plaintiff seeking payment of unpaid management expenses and late fees, including the unpaid management expenses and late fees from July 2010 to November 201, 2010, which were incurred during the instant lease agreement period, from July 2010 to January 201, 2012, but was ruled in the first instance court.
(In the Supreme Court Decision 2013Gaso48190 Decided February 14, 2014, the appellate court affirmed the remainder of the claims except for the unpaid management expenses and late payment charges from September 201 to December 2, 2011, and sentenced that “the Defendant shall pay to the Plaintiff 9,205,403 won and the amount calculated at the rate of 6% per annum from March 16, 2013 to October 8, 2014, and 20% per annum from the next day to the day of complete payment” (the Incheon District Court Decision 2014Na4774 Decided October 8, 2014), and the final appeal on this was dismissed.
(Supreme Court Decision 2014Da78935 Decided February 26, 2015). C.
The Plaintiff paid a total of KRW 11,00,000,000, including the unpaid management expenses and late payment charges incurred during the instant lease period, to F who received the above unpaid management expenses and late payment charges.
[Reasons for Recognition] There is no dispute, Gap 1 to 1.