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(영문) 서울동부지방법원 2017.11.24 2017나2009
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. According to the purport of the evidence No. 11 to No. 13 of the judgment as to the cause of the claim and the whole pleadings, the plaintiff, as the council of occupants' representatives in Gangdong-gu Seoul Metropolitan Government (hereinafter "the apartment of this case"), is in charge of the affairs of imposing and claiming general management expenses, electricity charges for public use, water charges, etc. incurred in the management and operation of the apartment of this case while managing the whole apartment of this case. The defendant is an occupant under 1.202 of the apartment of this case; the defendant is the occupant under 1.5 and June 2015 of the management expenses imposed by the plaintiff against the defendant; the management expenses for the aggregate management expenses for the management expenses for May and June 2015; the management expenses for December 2015 to April 2016; and the unpaid amount of 16,140 won claimed by the plaintiff within the scope of late payment charges under Article 66 of the Rules on plaintiff

According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid management expenses and late payment charges of KRW 1,122,890 (=the unpaid management expenses of KRW 956,750 and late payment damages of KRW 166,140).

2. Determination on the Defendant’s assertion

A. As to the double appropriation of the amount of management expenses, the Defendant asserts that the Plaintiff would not appropriate the said amount for the said management expenses, and that the amount would have double been appropriated for the management expenses that the Defendant would have already paid to the Plaintiff for the period of the ordinary payment of management expenses, and that the amount would have been appropriated for both the management expenses in May and June 2015, and the management expenses in December and February 2015 from December 2015 to February 2016.

On the other hand, Article 50(3) of the Rules on the Management of Plaintiffs provides that "the payment of management expenses, etc. shall be made from the delinquent management expenses, etc.," and where the Defendant did not pay the full amount of the management expenses, including the delinquent management expenses, and only some of them are paid, the management expenses subject to the payment.

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