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(영문) 인천지방법원 부천지원 2017.02.15 2016가단12382
관리비등
Text

1. The Defendant’s KRW 16,468,80 for the Plaintiff and KRW 5% per annum from April 28, 2016 to February 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body established for the management of a building A (hereinafter “instant building”) which is an aggregate building in Bupyeong-si, Busan (hereinafter “instant building”), its site and attached facilities.

B. From around 2006, the Defendant owned four stores (Nos. 255, 256, 259, and 260) on the third floor of the instant building.

C. As of April 17, 2016, the Defendant did not pay management expenses of KRW 24,158,400.

Specifically, 5,885,400 won (6 months from April 2012 to February 2016), 5,885,400 as management expenses (47 months from February 2016) under 255, 6,193,80 as management expenses under 259 (49 months from February 2012 to February 2016), 6,193,80 as management expenses under 260 (49 months from February 2012 to February 2016), 6,193,80 as management expenses under 260 (49 months from February 2012).

[Grounds for recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant shall pay 24,158,400 won to the plaintiff, barring special circumstances. 2) The plaintiff is seeking payment of late payment charges of 2,761,200 won (255 late payment charges of 659,500 late payment charges of 259,500 late payment charges of 259,50 late payment charges of 259,500 late payment charges of 721,100 late payment charges of 260 late payment charges of 721,100, and 721,100 late payment charges of 260, and there is no evidence to prove that the plaintiff and the defendant agreed to impose late payment charges, and there is no other assertion or proof as to the grounds for imposing late payment charges.

B. The defendant's assertion and defense 1) The defendant asserts that it is improper to calculate and impose management fees on the defendant's store based on the size including the section for exclusive use and the section for partial common use, etc. without the plaintiff's only standard under the circumstances where the defendant's store is established.

However, according to the above evidence and the purport of the whole pleadings, the structure and facilities of the building of this case, the status of use, and the management services are needed.

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