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(영문) 서울중앙지방법원 2017.06.20 2015가단138283
손해배상(기)
Text

1. The plaintiffs' respective claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 3, 2011, Plaintiff A leased the said store to Plaintiff B as the owner of the store stated in the purport of the claim (hereinafter “instant store”).

B. On July 1, 2013, the management body of the instant shopping mall consisting of the sectional owners of E shopping mall including the instant store (hereinafter “instant shopping mall”) entrusted the Defendant with the management and operation of the instant shopping mall.

On January 14, 2015, the Defendant reported to the head of Jung-gu Seoul Metropolitan Government pursuant to Article 12 of the Distribution Industry Development Act on the instant commercial building, and received the confirmation from the head of the Gu on January 31, 2015.

C. The Defendant: (a) paid KRW 1,021,460 on October 1, 2014; (b) KRW 1,272,070 on November 2014; and (c) KRW 1,295,70 on December 15, 2014 on the ground that management expenses for the instant store have not been paid; (c) the Defendant urged the Plaintiff B to pay the said expenses by a mobile phone text message on February 7, 2015; and (d) the payment was urged on February 2, 2015 and the same month.

7. On February 12, 2015, after giving each short circuit, the instant short circuit was cut to the store (hereinafter “instant short circuit”). D.

Of the defendant's articles of association and the regulations of the management body of the commercial building of this case, the following parts are applicable.

[Articles of incorporation of the defendant] Article 6 (Scope of Management Affairs) (Scope of Management Affairs) The Management Company shall manage the following matters:

4) Article 26 (Collection of Management and Operation Expenses) (1) The management company shall calculate the management expenses at the fixed date of each month and distribute them according to the ratio of the leased area and notify the management expenses, and pay them within 10 days from the date of notification.

Article 36 (Management and Operation Expenses) The occupant-merchants are obligated to pay taxes and public charges, management and operation expenses, etc. within the payment period.

3. When the management company fails to pay management expenses for at least two months or when the management expenses for the previous fiscal year are in arrears for at least one month, the management company shall suspend the relevant store.

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