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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
1. Facts of recognition;
A. On October 17, 2011, the Plaintiff was registered at the time of a merchant circuit in accordance with Article 65 of the Special Act on the Development of Traditional Markets and Shopping Districts as an organization consisting of the sectional owners of the apartment buildings located in Yongsan-gu, Yongsan-gu, Seoul (hereinafter referred to as “instant commercial building”) and the persons authorized to use them.
B. The Defendant, around 1995, is a sectional owner who acquired each ownership of each of the subparagraphs 36, 42, 43, 48, 67, 72, and 74 on the ground of the instant commercial building.
C. The Plaintiff collected management expenses from the Plaintiff’s members for the maintenance, management, and repair of the instant commercial building in accordance with the A management regulations.
The defendant did not pay management expenses to the plaintiff from November 201, and among them, management expenses unpaid from March 2014 to February 2017 are 4,071,077 won.
[Ground of recognition] Facts without dispute, Gap's 1 to 10, 12 to 18 (including branch numbers if there is a number) and the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the total unpaid management expenses of KRW 4,071,077 in total and the amount of unpaid management expenses from March 2014 to February 2017, as claimed by the plaintiff, and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 18, 2017 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.