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1. The Defendant shall pay to the Plaintiff KRW 82,622,741 and the interest rate of KRW 15% per annum from September 16, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. In accordance with the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a stock company with the purpose of real estate sale and lease business, department store business, etc., and is appointed as the manager of the 6th basements underground and the 9th floor above ground (hereinafter “instant commercial building”). The Defendant is a sectional owner of the 2nd floor 2100 and 19.34 square meters among the instant commercial buildings (60.30 square meters; hereinafter “instant store”).
B. Until September 2003, the Plaintiff imposed management fees by dividing them into “management expenses” and “distribution expenses” according to an agreement with the sectional owners of the instant commercial building including the Defendant. Since September 2003, the Plaintiff did not reach an agreement on the imposition of management expenses, and the Plaintiff imposed management expenses according to the previous agreement.
C. Some sectional owners paid only part of the amount imposed as management expenses to the Plaintiff as management expenses, and the Defendant did not pay management expenses imposed from December 2009 or paid only part of them.
Meanwhile, the annual average management expenses of the store of this case are as shown in the attached Table “year” column. The management expenses that the plaintiff imposed on the defendant from December 2, 2009 to July 2015 according to the above ordinary party management expenses are total of KRW 137,229,052 as stated in the attached Table “amount imposed” column. The management expenses that the defendant paid to the plaintiff during the above period are total of KRW 54,606,311 as stated in the attached Table “amount paid” column. The management expenses that the defendant paid to the plaintiff during the above period are total of KRW 82,622,741 as stated in the attached Table “amount payable” column.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant claims the Plaintiff as of September 15, 2015, as sought by the Plaintiff, for the remainder of the above unpaid management expenses (i.e., KRW 137,229,052 - 54,606,311).