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1. Revocation of the first instance judgment.
2. From January 22, 2019 to May 31, 2019, the Defendant paid KRW 2,187,430 to the Plaintiff as well as to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 2018, the Plaintiff entered into an entrustment contract with the management body of Pyeongtaek-si C (hereinafter “instant condominium”) and the management body of the instant condominium, including the imposition and collection of management expenses, and accordingly, performed management of the instant condominium from August 1, 2018.
B. From March 2016, the Defendant occupied and used the instant condominium D (hereinafter “instant shopping mall”).
C. After concluding an entrustment contract with a management body of the instant aggregate building, including the imposition and collection of management expenses, and until July 31, 2018, E, a stock company, which performed management affairs of the instant aggregate building, demanded the Defendant to pay KRW 1,038,860 for the management expenses of June 31, 2018, and KRW 921,580 for the management expenses of the portion on July 2018, the Defendant unpaid, but the unpaid management expenses up to now are KRW 2,187,430 for the aggregate, as stated in the “actual status of the management expenses not paid.”
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, 6, 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. As seen earlier, the Plaintiff was entrusted with the management of the instant aggregate building, including the imposition and collection of management expenses. Therefore, barring any special circumstance, the Plaintiff filed a lawsuit against the Defendant, the occupant, in the name of the Plaintiff, and filed a claim for management expenses. Barring any special circumstance, the Defendant shall pay to the Plaintiff damages for delay calculated at the annual rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from January 22, 2019 to May 31, 2019, on the day following the delivery date of the instant payment order.