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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 290,931,497 and KRW 255,478,700, respectively, from February 23, 2018.
Reasons
Basic Facts
The Plaintiff is the manager of the aggregate building E in Songpa-gu Seoul Metropolitan Government, and the Defendants are operating the wedding business in the trade name of “F” by leasing some of the above buildings (hereinafter “instant commercial buildings”).
Pursuant to the management rules, the Plaintiff notified the Defendants of the amount stated in the “amount of notification” column in the attached Table as management expenses by the date indicated in the “payment period” column in the same Table.
Plaintiff
The matters related to this case in the management rules shall be as follows:
Article 85 (Methods of Calculating Charges for Management Expenses and Fees) (1) Management expenses shall be calculated as the actual expense settlement system and imposed and collected by the plaintiff in accordance with the following standards and methods:
1. Direct costs referred to in Article 84 (3) shall be calculated based on the weighing capacity of a measuring instrument, the amount subject to imposition of which can be measured, and the portion which is impossible to take measurements shall be calculated based on the standards separately stipulated in the management regulations;
2. Common expenses under Article 84 (4) shall be calculated by allocating the amount subject to imposition according to the contract area of each sectional owner or the most suitable allocation method.
(2) Notwithstanding the provisions of paragraph (1), the method of calculating the amount of partial management expenses, user fees, etc. may be determined differently by a resolution of the representative committee, considering the characteristics of the commercial condominium building
Article 88 (Collection of Management Expenses, etc.) (3) The payment deadline for management expenses, etc. shall be until the 27th of the following month, but if the payment deadline falls on a legal holiday, it shall be
Provided, That the payment deadline may be changed after a resolution of the representative committee.
Article 89 (Liability for Payment of Management Expenses, etc. and Joint Liability) (1) A sectional owner shall pay management expenses, etc. necessary for the maintenance and management of a commercial building to the manager
(2) Where an occupant fails to pay management expenses, etc. incurred during the period of occupation of the section for exclusive use, the sectional owner and the occupant shall be jointly and severally liable for such arrears.
Article 90 (Arrears Fees, etc.)