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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion is the owner of the 12-story building located in the Nam-gu Incheon Metropolitan City and two lots (hereinafter “instant building”) (hereinafter “E”), and the Plaintiff is the entrepreneur operating the real estate management company under the trade name “E,” and performed the management work of the D building from June 2008 to December 201, upon being entrusted with the management work of the said D building, such as collection of management expenses from the occupants of the said D building, and performed the management work of the D building from June 2008 to December 2011. The Defendant delayed payment to the Plaintiff of the total amount of KRW 12,936,737 (the principal amount of KRW 8,057,505, KRW 4,879,232) (the late payment charges of KRW 8,104,873 out of the unpaid management expenses (the Defendant is liable to pay the Plaintiff KRW 4,831,864 (12,936,737,837) and damages for delay).
B. The Defendant asserted that he leased the instant building, but the lessee did not pay to the Plaintiff totaling KRW 12,936,737 of the management expenses up to December 201. However, each of the building owners and tenants in the instant building including the Plaintiff and the Defendant held a meeting of the building owners and tenants on December 13, 2011 and agreed to settle the unpaid management expenses by having the Defendant paid the principal of the management expenses excluding the overdue charges. Accordingly, on December 31, 2011 and January 31, 2012, the Defendant deposited KRW 8,104,873, a total of the principal amount of the unpaid management expenses, out of the unpaid management expenses, into the account for the management expenses of the instant building. Accordingly, the unpaid management expenses were settled and extinguished.
Therefore, the plaintiff cannot respond to the plaintiff's request.
2. Where there is no dispute between the parties to the judgment, or where Gap evidence Nos. 1, 2, 3-1, 2, and 11-1 through 3 are stated, the plaintiff was entrusted with the management of the building, such as the collection of management fees, from the occupants of the building in this case and performed the management of the building in this case from June 2008 to December 201, and the defendant performed the management of the building in this case.