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(영문) 서울중앙지방법원 2015.04.24 2015가합5960
관리비등
Text

1. The Defendant shall pay to the Plaintiff KRW 109,775,807 and the interest rate of KRW 20% per annum from January 22, 2015 to the day of full payment.

Reasons

In fact, the Plaintiff is a manager who is entrusted with the management of the instant commercial building, such as the collection of management expenses and user fees, from the management body comprised of the sectional owners of the Seoul Northern-gu B and one parcel C, and the Defendant is the lessee who leased the 7th floor of the instant commercial building from D to September 1, 201, to August 31, 2016, setting the term of lease from D during the period of lease from September 1, 201 to August 1, 2016.

After that, the lease contract was renewed.

Upon entering into the above lease agreement, the Defendant imposed various taxes, public charges, etc. on the leased object (Article 6(1) of the lease agreement), and the management office calculated all other expenses necessary for the management, such as electricity, water supply and drainage, urban gas, service charges, quarantine expenses, waste collection expenses, waste collection and repair expenses, general management expenses, etc. necessary for the operation, management, maintenance, and maintenance of the commercial building every month, and notified the Defendant seven days before the due date for payment. The Defendant paid the notified amount to the management office by the 25th day of each month.

(Article 6(2) of the Lease Contract. On June 14, 2014, the Defendant paid the Plaintiff and the head of the management office of the instant commercial building, the sum of KRW 54,145,959 to the unpaid management expenses until December 31, 2014, and the Defendant prepared and issued a performance assurance to pay the management expenses in good faith each month from July 2014.

On December 26, 2014, the defendant's unpaid management expenses (including overdue fees) are 109,775,807 won in total.

【Based on the facts acknowledged prior to the determination of the purport of the evidence Nos. 1 through 4 and the entire pleadings, the Defendant is 20% per annum as prescribed by the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from January 22, 2015 to the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff, as the total amount of unpaid management expenses, and its repayment period.

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