1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Facts of recognition;

A. On October 1, 2009, the Plaintiff leased (i) Seoul Mapo-gu Seoul building 101 Dong 1901 (hereinafter “instant officetel”) to the Defendant with the term of lease from October 7, 2009 to October 7, 2010.

B. The Defendant, with the trade name of “D”, occupied the instant officetel from October 8, 2009 to February 8, 201, following the expiration of the above lease period, while operating the manufacture and wholesale business of promotion products. The Defendant did not pay management expenses.

C. Our management company (hereinafter “management company”) which is the manager of a building filed a lawsuit against the Plaintiff, the owner of the instant officetel, in accordance with the management rules that the lessee should bear when the lessee remains unpaid management expenses. On February 10, 2014, the court of the first instance rendered a judgment that “the Plaintiff shall pay damages for delay calculated at the rate of 5% per annum from June 4, 2013 to February 10, 201 and 20% per annum from the following day to the date of full payment” as the remainder, other than the extinguishment portion of prescription, and “the Plaintiff shall pay damages for delay calculated at the rate of 7,967,310 won per annum from April 201 to March 3, 2011.”

(Seoul Eastern District Court 2013Gaso7057). The plaintiff appealed, but the appellate court dismissed the plaintiff's appeal on October 31, 2014 (Seoul Eastern District Court 2014Na2053), and the above judgment became final and conclusive around that time.

Meanwhile, among the delinquent management expenses recognized by the above final and conclusive judgment, the management expenses incurred from April 201 to February 8, 201 by the Defendant in possession of the instant officetel are KRW 7,311,580 (management expenses, KRW 6,092, KRW 980, late 1,218,60).

C. On April 21, 2015, the Plaintiff paid totaling KRW 9,775,414,00,000, which was recognized in the above final and conclusive judgment, to the management company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

(a)the cause of the action;