Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is an organization organized to manage the Busan Jung-gu A apartment (hereinafter “instant apartment”).
B. The Defendant is the owner of the instant apartment house 501, and did not pay to the Plaintiff the sum of KRW 5,258,010,010 from May 2012 to March 2016.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total of KRW 5,258,010 for unpaid management expenses and late payment charges, as well as damages for delay calculated at the rate of 15% per annum from July 9, 2016 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff.
B. As to this, the defendant asserts that from the unpaid management expenses and late payment fees, the construction cost of 2 million won for the repair cost of 501,000 apartment of this case paid by the defendant on behalf of the plaintiff should be deducted. However, it is insufficient to recognize that the items of 1-2 and 1-2 of the evidence No. 1-2 are sufficient to recognize that the repair cost that the plaintiff is liable to bear on behalf of the defendant, and there is no other evidence to acknowledge this, the above assertion by
3. As such, the plaintiff's claim of this case is justified, and the judgment of the court of the first instance sharing the conclusion is dismissed as the defendant's appeal is without merit. It is so decided as per Disposition.