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(영문) 수원지방법원안양지원 2015.02.04 2014가단19040
관리비
Text

1. The Defendant’s KRW 19,610,498 and KRW 16,864,710 among the Plaintiff, respectively, shall be 5% per annum from August 21, 2014 to February 4, 2015.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 4, 5, and 7 (including, where any, the number is available):

The sectional owners of a building A (hereinafter referred to as “instant commercial building”) in Gunpo-si, Gunpo-si, established the management regulations as follows:

The management expenses under Article 12 (Composition of Management Expenses) of the Rules of the Council shall consist of the sharing of individual contributions and the sharing of joint management expenses.

1. Individual contributions: Electricity, water supply, and other expenses paid by an individual employer;

2. Joint apportionments: Personnel expenses, management and operation expenses, facility maintenance and management expenses, joint electricity charges, common water supply charges, elevator maintenance expenses, garbage collection expenses, disinfection expenses, cleaning expenses, fire insurance premiums for public facilities, special repair reserve, and other expenses under Article 17.

1. If the management expenses imposed are not paid by the due date for payment, 5% arrears shall be added, 2% shall be additionally imposed after the lapse of one month from the date of the occurrence of the arrears, and 24% per annum shall be added to and collected from the management expenses after the lapse of two months;

B. The Defendant leased Nos. 202 and 203 of the instant commercial building and occupied and used it from July 22, 2012. From July 2012 to May 2014, the Defendant failed to pay the aggregate of KRW 16,864,710, and the arrears under the said management regulations are KRW 2,745,788.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 202 and 203 the total amount of 19,610,498 won in arrears management expenses and overdue interest and 16,864,710 won in arrears management expenses as the user of the commercial building of this case, and damages for delay at the rate of 5% per annum from August 21, 2014, which is the day following the delivery date of the copy of the complaint of this case until February 4, 2015, which is the day of the decision of this case, to the day of complete payment.

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