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(영문) 대구지방법원 2019.11.28 2019나980
관리비 등
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body composed of occupants for the management of the A Apartment in Busan Metropolitan City, and the Defendant is the owner of A Apartment C (hereinafter “instant apartment”).

B. On June 2014, the lessee of the instant apartment, only KRW 94,200, out of KRW 97,250, which is the aggregate of management expenses, water supply fees, and electricity charges, was paid to the Plaintiff. As shown in attached Table 1, the lessee did not pay KRW 3,924,530, including management expenses, water supply fees, and electricity charges, from July 2014 to February 2018.

C. Article 13(2) of the Plaintiff’s management rules provides that “Where an occupant leases a house owned by him/her to an user, he/she is liable to bear delinquent expenses, such as management expenses, user fees, and long-term repair appropriations (hereinafter “management expenses”).”

(hereinafter referred to as the “instant management rules”). D.

According to Article 69 and attached Table 7 of the Plaintiff’s Management Rules, when the management expenses, etc. were overdue for at least one year, ten percent of the late payment charges shall be added, but the management rules shall be revised to add the late payment charges calculated on a daily basis at the rate of 15 percent per annum on November 2016, and the management rules shall be applied from April 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 10, 11, and 15, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant should pay to the Plaintiff the late payment penalty amounting to KRW 4,021,780, including management expenses, from June 2, 2014 to February 2, 2018, and KRW 290,090, totaling KRW 4,311,870, which was finalized for management expenses, etc. from June 2, 2014 to March 2017 (= KRW 4,021,780, KRW 290,090), and delay damages therefrom.

According to the above basic facts, barring any special circumstance, the defendant's total amount of 3,927,580 won, including management expenses, from June 2014 to February 2, 2018 (=(97,250 won - 3,924,530 won)], and damages for delay for which management expenses, etc. are finalized from June 2014 to March 2017, respectively.

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