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(영문) 서울동부지방법원 2015.05.01 2014가단129650
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 24,040,200 as well as KRW 21,327,490 among them, from May 28, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management company that manages the instant shopping mall building (hereinafter “instant shopping mall”) in Songpa-dong, Songpa-gu, Seoul. The Defendant is the lessee of the instant shopping mall A (hereinafter “instant store”).

B. From September 14, 2013, the Plaintiff conducted the number of leaflets with respect to the instant store, and the Defendant set off the instant store on April 2, 2014.

C. The Defendant imposed KRW 21,327,490 on the aggregate of the management expenses for the common areas incurred from September 14, 2013 to April 2, 2014, which was the date of retirement from September 14, 2013 when the management expenses and the number of short leaflets incurred from February 27, 2013 to September 13, 2013, but did not pay them. The amount of the late payment charges imposed on May 27, 2014 is KRW 3,521,710, and the details thereof are as shown in the separate sheet.

The Plaintiff filed a lawsuit claiming management expenses from February 2, 2013 to April 2014 against B, the Plaintiff, the owner of the instant store, thereby holding that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 24% per annum from May 28, 2014 to the date of full payment” with respect to KRW 24,949,200 and KRW 21,327,490 among them.

Of the management rules of the shopping mall management body of this case, the part relating to this case is as follows.

Article 11: Obligations such as management expenses, etc. to be borne by sectional owners or administrators shall be jointly and severally liable by the relevant sectional owners and occupants.

Article 28 (1): If a sectional owner, etc. fails to pay management expenses under Article 44 by the fixed deadline for payment, he/she shall pay them by adding 2/100 of the unpaid principal to late payment fees every one month after the expiration of the deadline for payment.

Article 28 (2): Where the sectional owners, etc. fail to pay management expenses for not less than three months, the manager may take other necessary measures, such as power failure, suspension, closure, prohibition on the shipment of goods, etc., after obtaining approval from the Representative Committee.

[Reasons for Recognition]

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