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1. The Defendant (Counterclaim Plaintiff) paid KRW 8,051,314 to the Plaintiff (Counterclaim Defendant) and its related amount from July 30, 2015 to July 22, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff has been managing the A market in accordance with the management rules as a non-corporate group comprised of the owners of commercial buildings in the Seo-gu Daejeon-gu, Daejeon, and has received management fees from the owners of commercial buildings or lessees.
B. On November 15, 199, the Defendant completed the registration of ownership transfer with respect to A market No. 6-2 on November 15, 199, and completed the registration of ownership transfer with D on April 18, 2014, and owned the above commercial building from November 15, 1999 to the completion date of the pleadings of this case since the completion of the registration of ownership transfer with respect to No. 3 floors and No. 5 and No. 6.
C. The details of the Defendant’s payment of management expenses are as shown in the attached Form 2. Of them, the amount paid after September 22, 2014 is management expenses paid by E that concluded a lease agreement with the Defendant regarding the commercial buildings on March 5 and 6 around that time.
The management expenses paid by E shall coincide with the details of management expenses claimed by the plaintiff as shown in attached Form 3.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 30 through 32, 37, and 38, the purport of the whole pleadings
2. Determination on the main claim
A. On July 17, 2015, the Plaintiff asserted in the Plaintiff’s complaint as to the cause of the claim (1) that the Defendant unpaid KRW 31,127,561 until July 16, 2014, as shown in attached Table 1, and paid KRW 24,869,920 by paying KRW 5 million on August 14, 2014.
However, there is a defect in the defense that the Defendant’s management expenses incurred three years prior to the filing date of the instant lawsuit, and the Plaintiff changed the cause of the claim as set forth in the written brief dated January 18, 2016 and the written application for the change of claim and cause of the claim dated April 25, 2016.
(2) The Plaintiff asserted in the application form for modification of the purport of the claim and the cause of the claim imposed management fees of KRW 62,04,557 on the Defendant by July 2015. The Defendant paid only KRW 37,174,637 among them, and did not pay the remainder of KRW 24,869,920.
This shall apply to unpaid management expenses.