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(영문) 수원지방법원 안양지원 2018.05.25 2016가단15899
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While Defendant B’s partnership (hereinafter “Defendant Association”) was established by organizing sectional owners of the building E on the 2nd underground and the 7nd floor above the ground (hereinafter “instant building”), it is delegated by the managing body established with the affairs of managing the instant building. Defendant C is a company that is manufacturing and selling products, such as the tax refining, etc., by leasing the building F to the regular manager of the Defendant Union, and the Plaintiff.

B. From August 2015 to May 2016, the Plaintiff did not pay management expenses at all, and the sum of the unpaid management expenses is KRW 1,549,570, and late payment charges is KRW 237,440.

C. Around January 2016, the Defendant Union notified the Plaintiff of the payment of management expenses verbally, and the Plaintiff failed to pay the management expenses, and the Defendant Union notified the Plaintiff of the payment of the payment of the expenses as soon as possible due to the delay in the management expenses from January 27, 2016 to the payment of the management expenses in arrears. Around February 10:10, 2016, the Defendant Union was actually taking measures for the suspension of payments.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10, Eul evidence Nos. 5 and 6 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On August 2015, Defendant Union imposed an administrative fine of KRW 1.50,00 on the ground that the Plaintiff stored materials around the place of business. It is doubtful that Defendant Union had gone through the procedures prescribed in the E-management body agreement (hereinafter “instant agreement”) under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”). Even if the validity of the instant agreement is recognized, it is necessary to pass a resolution of the management body regarding the measures against the violator of the agreement, according to the relevant provision.

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