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(영문) 수원지방법원안산지원 2016.09.07 2015가단14150
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 8,717,460 and the interest rate of KRW 15% per annum from April 28, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an organization composed of the sectional owners of the aggregate building C (hereinafter “instant commercial building”) in Si interest cities, and is in charge of the management of the instant commercial building, including the collection of management fees, in accordance with the market management rules.

B. In the auction procedure on August 10, 2009, the Defendant completed the registration of ownership transfer on August 28, 2009 for the instant commercial building Nos. 34, 35, 36, and 44 (hereinafter “each of the instant stores”).

C. On April 2012 to March 2015, the Plaintiff calculated KRW 8,717,460 [2,294,090 [the principal KRW 1,527,980 (the principal KRW 1,527,980)] 35-2,294,090 (the principal KRW 766,110) (the late payment penalty of KRW 1,527,980)] 36-2,294,090 (the principal KRW 1,527,980) (the late payment penalty of KRW 1,527,980) (the late payment penalty of KRW 76,110)] 1,835,190 (the principal KRW 1,222,30,612,860)].

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1-4, and evidence 6, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any other circumstances, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 28, 2015 to the day following the delivery date of the original copy of the instant payment order, which is the day of complete payment, to the day of full payment.

3. The defendant's assertion and defense

A. The gist of the Defendant’s assertion 1) is that the Plaintiff shall claim the Defendant for the payment of management expenses each month. Since the Defendant did not receive a claim for the payment of management expenses from the Plaintiff, the Plaintiff’s claim for the management expenses has not yet arrived. Therefore, the Defendant is still unable to comply with the claim for the principal of management expenses because the Defendant has a benefit of time for the payment of management expenses, and there was no late payment delay situation, and thus, there is no liability for the payment of late payment. 2) According to the Plaintiff’s statement in the evidence A, according to the Plaintiff’s management rules, the Plaintiff’s management rules are

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