Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the council of occupants' representatives of Seongbuk-gu, Seongbuk-gu, Seoul, 37-ro 42 (Fran-dong), an aggregate building (hereinafter "the apartment of this case").
B. On October 6, 2008, the Defendant leased Nos. 202, 203, 204, and 205 of the instant apartment building, which was owned by the said company from END, and occupied and used the said real estate from that time to October 2013.
C. The Defendant did not pay the sum of KRW 31,624,530, total management expenses from June 2012 to October 2013, and the sum of KRW 4,495,310, totaling KRW 36,119,840, which is the sum of KRW 31,624,530, total management expenses (i.e., the sum of KRW 31,624,530, total management expenses, KRW 4,495,310, which is the sum of KRW 31,624,530, total management expenses (hereinafter “instant management expenses, etc.”).
The main contents of the instant apartment management rules are as follows.
Article 48 (Calculation Period of Management Expenses, etc.) The calculation period of management expenses, etc. shall be from the first day of each month to the last day.
Article 49 (Payment Deadline for Management Expenses, etc.) (1) The payment deadline for management expenses, etc. shall be the last day of the following month.
Provided, That where the payment date is a legal holiday, it shall be the first working day of the financial institution following.
Article 55 (Arrears on Management Expenses, etc.) An occupant, etc. who fails to pay management expenses, etc. within the deadline shall be imposed according to the overdue rate in attached Table 6.
[Attachment 6] The overdue interest rate of 123 44 5 6 78 9 10 12 overdue interest rate (%) 23.5 6.6 8 16.4 11.6 13.8 16.8 17.8 19.4 / [Grounds for Recognition] without dispute, Gap evidence 1, 3, and 4 (including various numbers if there are serial numbers) and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the determination of the cause of the claim, the defendant is obligated to pay to the plaintiff 36,119,840 won including the management expenses, etc. of this case and damages for delay.
B. The defendant's judgment on the defendant's defense is based on the management expenses in this case.