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(영문) 수원지방법원 2020.08.12 2019나82714
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. Pursuant to the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body established by consisting of all sectional owners of A shopping malls located in Seongbuk-gu, Sungnam-si (hereinafter “instant shopping mall”). The Defendant is a sectional owner under subparagraph D of the instant shopping mall and a person who was the president of the instant shopping mall management committee.

B. The relevant provisions of the instant commercial building management rules are as follows.

Article 55 (Methods of Calculation, Imposition, and Collection of Management Expenses) Management expenses shall be calculated and notified by the management entity in accordance with the standards for imposition of attached Table 4 (Methods of Calculating Charges by Store), attached Table 5 (Methods of Calculating Joint User Fees) and attached Table 6 (Methods of Calculating User Fees), and the sectional owners, etc. shall pay them according to the payment methods determined

Article 59 (Arrears of Management Expenses, etc.) A sectional owner, etc. who has not paid payment within the deadline shall pay the late payment fees specified in attached Table 7 as stated in the relevant provisions for sectional owners (including occupants).

[Attachment 7] Partial Fiction of Urging Expenses: In addition to the amount of damages equivalent to the legal negligence incurred during the overdue period, the expenses paid by the management entity after the filing of the lawsuit to urge the payment of the management expenses, etc. (the expenses for postal service fees, the expenses for perusal of the register, the expenses for payment order, etc.) shall be imposed separately.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. During the litigation process between the Plaintiff’s assertion or the Plaintiff’s managing member and the Defendant, the Plaintiff or the Plaintiff’s managing member spent KRW 4,616,660 in total, as shown in the attached claim amount table.

The defendant is obligated to compensate the plaintiff for the expenses incurred in relation to the demand under the provisions of Article 55, 59, and attached Table 7 of the Management Rules of the Commercial Building of this case.

B. The above facts of recognition are examined.

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