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(영문) 서울중앙지방법원 2017.04.06 2016가단97266
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 197,04,170 and the interest rate of KRW 15% per annum from December 9, 2016 to the date of full payment.

Reasons

1. In full view of Gap evidence No. 4 and evidence Nos. 5 through 8 as to the cause of the claim and the purport of the whole pleadings, the plaintiff is a management body of aggregate buildings located in Jung-gu, Seoul and the defendant is a management body of aggregate buildings located in 114, and the defendant is a management body of aggregate buildings located in Jung-gu, Seoul and the defendant is a company that leases a guest room from 242 sectional owners of the above building to run the lodging business, etc., and the defendant is not liable for the payment of KRW 197,04,170 (including overdue charge), including electricity and water taxes, management fees imposed from July 2016 to October of the same year according to the management rules

According to the above facts, the defendant is obligated to pay to the plaintiff the management expenses of KRW 197,04,170 as well as damages for delay calculated at the rate of 15% per annum from December 9, 2016 to the day of full payment, which is obvious that it is the day following the delivery date of the application for change of claim and cause of claim of this case.

The Plaintiff claimed for the payment of damages for delay as stipulated in the aforementioned Act from the day after the original copy of the instant payment order was served, but the management fee was from February 2, 2016 to April, 201, and the subject of the claim was modified as above. Thus, the Plaintiff’s claim for damages for delay of the portion exceeding the above recognized scope is without merit.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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