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(영문) 서울동부지방법원 2019.09.19 2018가단125403
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 32,50,880 as well as KRW 30,956,20 as to the Plaintiff’s KRW 32,956,00. From August 7, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Gangdong-gu Seoul apartment is a main complex building consisting of the first underground floor, the second floor, the second floor, and the third floor through the 12th apartment. The commercial building is composed of 180 underground floor, 129 underground floor, and 118 stores of the second floor.

(hereinafter “instant commercial building”). B.

The Plaintiff is an organization consisting of a sectional owner and a tenant, etc. who are operating a business by selling in the instant commercial building, and performs duties such as facility management, US dollars, business protection, parking management, civil petition receipt and resolution. The Plaintiff opened an account under the name of the management office and received management expenses from sectional owners and lessees, and paid each public charge after obtaining a notice of public charges, such as electricity, water, and gas charges, under the name of the management office, and paid expenses related to the management

C. Around August 2016, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to rent and use the instant commercial building Nos. 2 and 5, and has used the said store since September 2016.

Upon the Defendant’s failure to pay management expenses, the Plaintiff filed a lawsuit claiming management expenses on February 16, 2017 (Seoul East Eastern District Court 2017Daso318738). On August 25, 2017, this court rendered a judgment on August 25, 2017 that “the Defendant shall pay the Plaintiff 27,394,370 won and 26,089,960 won with 15% interest per annum from July 27, 2017 to the date of full payment,” and the above judgment became final and conclusive around that time.

E. After the judgment above, the Plaintiff filed the instant lawsuit in order to be paid management expenses after June 2017, which was claimed by the Plaintiff, as the Defendant did not pay management expenses even after the judgment was rendered.

The Defendant’s unpaid management expenses from July 2017 to June 2018 are KRW 30,956,200, and arrears are KRW 1,547,680.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. According to the above facts of recognition, the defendant on July 2017, to the plaintiff.

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