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1. The Defendant’s KRW 4,289,230 and KRW 4,020,410 among the Plaintiff’s KRW 5% per annum from May 24, 2017 to August 9, 2017.
Reasons
1. Basic facts
A. On March 1, 2011, the Plaintiff entered into a contract on the consignment management and operation of the instant shopping mall with the management body of Jung-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”) and was delegated by the management body. The scope of the entrusted management and operation under Article 3 of the said contract includes the duties concerning the imposition, collection, deposit, and use of management expenses.
Since then, the plaintiff becomes a payer of all expenses, such as public charges incurred in the management and operation of the commercial building of this case, and has been executed as management expenses collected by the plaintiff from sectional owners.
B. On September 26, 2014, the Plaintiff registered the establishment of the instant commercial building to the Jung-gu Office as a superstore, and received a written confirmation from the said Gu office on January 31, 2015.
C. From August 3, 2011, the Defendant leased and operated the instant store from D, the owner of the 9th floor of the instant commercial building (hereinafter “instant store”) and renewed the said lease agreement until February 1, 2015.
On the other hand, the Plaintiff took measures on February 12, 2015, following the end-up of the store on the ground that the management expenses of the store of this case, which the Defendant leased and used, were not paid for October 2014, November 2014, and December 2014.
As above, on February 12, 2015, the Defendant concluded a lease agreement with the lessor on the instant store as of February 12, 2015 and set aside.
E. At the time of leaving the instant store, the Defendant did not pay to the Plaintiff totaling KRW 5,289,230 of the management expenses and late payment fees from October 2014 to February 12, 2015 as indicated below.
On the other hand, the Defendant paid KRW 1,000,000 to the Plaintiff at the time of selling the store in this case.
The sum of the charges for arrears of management expenses for each year imposed on October 991, 710 won in 2014 1,750 won in 1,021.