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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. (1) In the event of the Plaintiff’s claim for elevator management fees for the management body, the non-cheon-si Nowon-gu Seoul consists of W block 1,3,5,7,9 complexes (main complex officetels, construction completion in 2007) and 2,6,8 complexes (main complex apartment, construction completion in 206) of blocks and 2,6, and 8 complexes (main complex apartment, apartment complex in 206).
(2) Since June 2007, the Plaintiff has maintained and maintained the entire C Industrial Complex from around June 2007.
(3) On July 2009, when the D Service number (representative E) management of C’s commercial areas was established, the Plaintiff entered into a contract for the comprehensive maintenance and repair for each 300,000 won per unit (excluding value-added tax), and the GJH-E/S agreed to pay 1% of the relevant amount if the management fees are not paid by the due date for one month after the due date, and 2% of the relevant amount if the management fees are paid by the due date for one month after the due date, from September 22, 2009 to June 30, 2014.
(4) The D Service Association changed its name to “B Management Body” (representative E).
(5) The Plaintiff issued a tax invoice to B management body on the management fees up to March 2012. However, the Plaintiff did not receive the management fees of KRW 1,485,00 per month from April 201 to March 2012 (including value-added tax) and the late payment fees of KRW 18,176,400 per month from the B management body.
B. (1) Some sectional owners of C, including the Defendant’s establishment and the conclusion of a contract with the Defendant, filed an application for provisional disposition against E, etc. seeking prohibition of management, etc. of the Section’s commercial building portion on the ground that the management body was not a legitimate management body as prescribed by the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) by the Incheon District Court Branch Decision 2010Kahap915, and the said court partly accepted the said application on February 23, 201.
(2) Since then, management affairs for C’s commercial areas shall be 1,3,5,00.