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(영문) 서울중앙지방법원 2017.05.12 2016가단5113606
관리비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 21,551,700 as well as the full payment from May 11, 2016.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff entered into a contract on the entrusted management and operation of the instant commercial building with the management body of Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) and was delegated by the management body. The scope of the entrusted management and operation stipulated in the above contract includes duties concerning the imposition, collection, deposit, and use of management expenses.

Since then, the plaintiff becomes a payer of all expenses incurred in the management and operation of the commercial building of this case and has been appropriated as management expenses collected by the plaintiff from sectional owners, etc.

B. On January 14, 2015, the Plaintiff reported the superstore manager of the instant commercial building to the Jung-gu Office, and received a written confirmation from the said Gu office on January 31, 2015.

C. The Defendant is a lessee of a sectioned store of 44,45, and 53 of the instant commercial building. From October 2014 to February 2016, the Defendant delayed the payment of KRW 21,551,70 in total, including management expenses.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, 12, 13, Eul evidence No. 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the Plaintiff may claim management fees against the sectional owners or lessees of the instant commercial building, based on the authority delegated pursuant to the contract concluded with the management body of the instant commercial building on March 1, 2011, and based on the authority of the operator of the relevant superstore after the said report, pursuant to the authority of the operator of the relevant superstore.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of 21,551,700 won including the unpaid management expenses, etc. and damages for delay calculated at the rate of 15% per annum from May 11, 2016 to the date of full payment, which is the day following the delivery of a copy of the main complaint of this case to the defendant.

B. Judgment on the Defendant’s assertion

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