Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
(a) The purpose is to protect occupants and users and to maintain order in the residential life by prescribing matters necessary for management or use;
Article 3 (Definition of Terms) The definitions of terms used in this Code shall be as follows:
1. The term "occupant" means an owner of multi-family housing, or a spouse, lineal ascendant or descendant representing such owner;
2. The term "user" means a person, other than an occupant, who leases and uses multi-family housing;
3. The term "occupants, etc." means occupants and users;
Article 13 (Duties of Occupants, etc.) (2) Where an occupant leases his/her house to a user, the relevant occupant shall be liable for the arrears of management expenses, user fees, etc.
Article 70 (Arrears on Management Expenses, etc.) An additional charge shall be imposed according to the overdue rate in attached Table 7 on occupants, etc. who have not paid management expenses, etc. within the deadline
[Attachment 7] The overdue rate for management expenses, etc.* the principle of overdue rate application: The highest overdue rate shall not exceed 30% per annum by applying the provisions concerning the highest interest rate under Article 2 (1) of the Interest Limitation Act.
Arrears 1 2 2 3 4 5 6 7 8 9 10 11 12 12 25 5 10 10 10 15 15 20 15 15 20
C. On March 23, 2013, the Defendant: (a) leased the instant apartment to C with a deposit of KRW 10,000,000; (b) monthly rent of KRW 850,000; and (c) the lease period from March 30, 2013 to March 29, 2015.
C When using the instant apartment, the period for calculating the portion of April 1, 2013 was from April 1, 2013.
4. The management expenses that are up to 30. The payment deadline shall refer to the relevant management expenses until May 31, 2013.
(hereinafter the same shall apply)
From July 1, 2015 to June 14, 2015, the Korea Electric Power Corporation did not pay 5,383,760 won (=8,538,170 won - 3,154,410 won) which remains after deducting 3,154,410 won from the aggregate of management expenses and settlement management expenses from July 1, 2015 to the 8,538,170 won (=8,538,170 won).
C Withdrawal from the apartment of this case on June 29, 2015.