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1. As to KRW 82,840,80, and KRW 41,811,110 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 15, 2016 to February 7, 2018.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff asserted that the Defendant, the lessee, sought payment of the total amount of KRW 83,123,370,00 in arrears from July 2, 2015 to June 2017 pertaining to the imposition of KRW 101 and 102 under the Seocho-gu Seoul Metropolitan Government Primary Complex Apartment (hereinafter “instant case”).
B. In full view of the purport of the entire pleadings, the following facts can be acknowledged in light of the evidence Nos. 1 to 4, and evidence No. 25.
1) The Plaintiff is the council of occupants’ representatives of the instant apartment that was completed on August 2003. Since around 2009, the Defendant operated a volatile club in the name of “C” in the name of “C” on the lease of the instant store. 2) The entire area of the first floor, the first floor and the second floor of the instant apartment consisting of air conditioners and heating systems. However, the instant apartment was operated only on the first floor and the part of the commercial and the section for common use due to the deterioration of the apartment, cooling and heating pipes, etc.
The entire owners of the apartment of this case agreed to close central cooling and heating facilities around June 2017, and shared construction expenses in proportion to the area of each store, and converted into individual cooling and heating facilities.
3) Since around June 2009, the Defendant was faced with the situation where the management expenses equivalent to KRW 40,000 were unpaid due to the failure of the owner to properly operate the cooling and heating system. On November 201, the Defendant paid KRW 40,000,000 for the instant store and leased the instant store again on or around June 201, and the said cooling and heating system was not properly operated until around June 1, 2017. (4) The Plaintiff and the Defendant had the management expenses in arrears with respect to the instant store up to the total amount of KRW 70,591,840 among the management expenses in arrears until May 31, 2017, and heating expenses, 5,638,638.