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(영문) 대구지방법원경주지원 2015.01.13 2013가단6417
관리비 및 연체료ㆍ대납공과금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 27,966,020 and KRW 19,035,40 among them, the Defendant (Counterclaim Defendant)’s KRW 27,96,020 on February 13, 2013.

Reasons

1. Basic facts

A. The Defendant newly constructed a total of 209 household units of A apartment located in B at the time of racing, and sold part of them in lots, and 98 household units have leased and managed the above A apartment by February 28, 201.

B. On March 1, 2011, the Plaintiff acquired a management right of A Apartment from the Defendant and manages A Apartment up to now.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 20, the purport of the whole pleadings

2. The Defendant’s claim was based on the following facts: (a) from February 2011 to April 2014, the Plaintiff claimed the Defendant to pay management expenses of KRW 24,105,060 [including delayed charges of KRW 4,006,180; (b) February 201 to December 2012; (c) KRW 15,174,40 (including delayed charges of KRW 3,072,760); and (d) from January 2013 to April 2014, the Defendant did not pay management expenses of KRW 8,930,620 (including delayed charges of KRW 93,420) to the Plaintiff; and (d) the Defendant did not pay the aforementioned management expenses of KRW 24,105,060 to the Plaintiff; and (e) the Plaintiff did not have received any dispute between the Plaintiff and the Plaintiff’s parties to the electricity supply contract at the cost of supplying the foregoing KRW 36086,6086.6.

Therefore, with respect to the Plaintiff KRW 27,966,020 (=24,105,060 won) and KRW 19,035,400 among them (=15,174,440 won 3,860,960 won), the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from August 1, 2014 to the date following the service of the original copy of the instant payment order (i.e., KRW 15,174,440 won).

① The Plaintiff sought payment of management expenses, etc. from February 2, 2011 to December 2012, and requested payment of management expenses from January 201 to April 2014 by expanding the purport of the claim on May 22, 2014.

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