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1. The Defendant’s KRW 67,832,611 as well as 5% per annum from January 11, 2017 to March 8, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as a management body of the commercial building A (hereinafter referred to as the “instant building”) in Yongsan-gu, Seoyang-gu, Busan-si, is performing the management of the instant building.
B. On July 9, 2013, the Defendant entered into a lease agreement between the new steel industry development (hereinafter “new steel industry development”) and the owner of the library Nos. 304, 305, and 306 (hereinafter “the instant commercial building”) of the instant building on July 9, 2013, and carried out a business with the possession of the said Nos. 304 and 305 and the said Nos. 306 and 306 adjacent thereto, while carrying out a business until the date of opening a lease agreement between the new steel industry development and the development of the new steel industry with the monthly rent of KRW 1.1 million (including value-added tax) as to the whole of the instant commercial building.
C. From July 2013, the development of the new steel industry did not pay the management expenses for the instant commercial building from around July 2013, and the management expenses for the instant commercial building which did not have been paid as such = 20,03,288 won = 304-10,020,862 won under 304-2, 10,012,426 won under 304-2, 21,95,841 won under 305, and management expenses concerning 305, and 25,843,482, 67,832,611 won under 306.
Article 4 (Effect of Regulations, etc.) (2) The possessor shall have the same obligation as that to be borne by the sectional owner in relation to the use of the managed object according to the regulations and the resolution of the meeting of the managing body
Article 75 (Management Expenses) (3) A possessor shall be jointly and severally liable with a sectional owner for management expenses incurred during the period of occupation of the section for exclusive use.
(5) If an occupant fails to pay management expenses by the due date designated by the administrator, he/she shall pay late 24% interest per annum on the principal and principal in arrears of each installment management expenses.
Article 77 (User Fee) (1) A management body shall collect the following user fees on its behalf for the convenience of sectional owners, etc. along with the management expenses: