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(영문) 인천지방법원 부천지원 2017.02.08 2016가단21263
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that it is a company that operates real estate management business, etc., and conducted management affairs, such as the management of the facilities of the “Seocheon-si, Soon-si, Soon-si, Soon-si, So on August 2009” and the receipt of public charges, which is an aggregate building, from December 1, 2006 to August 20, 209, pursuant to the consignment management contract with the Defendant.

During the above period, the occupants and sectional owners of rare Scargra did not pay management expenses of KRW 315,989,705 (general management expenses of KRW 251,119,525, electricity charges of KRW 6,824,090 ( KRW 58,046,090).

As long as the plaintiff and the defendant terminated the entrustment management contract as of August 20, 2009, the tenant and the sectional owner should be liable to the defendant for the unpaid management expenses.

Therefore, the defendant should pay to the plaintiff the unpaid management expenses of KRW 182,51,105 (=186,249,345 - contract termination settlement amount of KRW 14,301,760 after termination of the contract).

2. The defendant does not have an obligation to pay unpaid management expenses and raises a defense that extinctive prescription has already been completed.

The fact that management expenses of the scarcity are calculated each month according to the certain criteria and imposed on sectional owners, etc. within a fixed period of not more than one month may be recognized by the purport of all pleadings, or there may be no dispute between the parties or according

Therefore, under Article 163 subparag. 1 of the Civil Act, the short-term extinctive prescription period of three years is applicable to a claim that is regularly paid by the Plaintiff within one year as a credit for the payment of money within one year (see, e.g., Supreme Court Decision 2005Da65821, Feb. 22, 2007). Considering the period for calculating management expenses and the period for imposing management expenses claimed by the Plaintiff, even if the Plaintiff’s assertion on the occurrence of management expenses claims is acknowledged as they are, the said claim was already extinguished by the lapse of the three-year extinctive prescription period of three years, where the instant lawsuit was filed on July 29, 2016.

The ground for the instant claim.

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