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(영문) 서울남부지방법원 2015.12.10 2015가단224746
관리비
Text

1. The Defendant’s KRW 189,584,520 among the Plaintiff and KRW 168,053,530 among them, shall be from September 15, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On September 3, 2006, the Geumcheon-gu Seoul Metropolitan Government Office Officetel (hereinafter “the instant Officetel”) approved the management rules of the instant building, which served as the basis for the imposition of management expenses, for the management of the instant officetel, and its main contents are as follows:

Article 37 (Management Expenses, etc.)

1. Management expenses shall be the sum of the following items, and the composition details and calculation methods thereof shall be calculated separately from officetels and commercial buildings, and shall be allocated in lots, and other circumstances shall not be considered, such as the frequency of use and existence of use:

1) General management expenses 2. 3. Litter cost 4. 5. Litter cost 5. 6) Maintenance cost for elevator and parking facility maintenance expenses 7. 8. electricity cost 8. 9) Water supply cost, 9) Fire insurance premium 10. Inspection fee, etc. (Various facilities, disaster prevention facilities, etc.)

2. The Director of the Management Agency shall collect the long-term repair allowance separately from the management expenses under paragraph (1) of this Article;

Article 40 (Arrears Charges and Measures)

1. When the payment deadline for management expenses and user fees has been exceeded, the principal and late payment fees shall be paid in accordance with the following overdue rates:

(Rate) 12 34 5 6 7 8 10 11 12 overdue (%) 35 79 12 overdue (%) 13 14 15 16 17 17 15 15 15 15 15 15 45 (Accumulation of Long-Term Repair Reserves)

1. Long-term repair allowances shall be accumulated monthly, but their rates shall be governed by Acts and subordinate statutes;

B. The Defendant did not pay KRW 168,053,530,90 in total as management expenses from May 2, 2015 to July 2015, which was imposed on the Defendant based on the size of 5,44.24 square meters of the Defendant’s 201 square meters of the instant officetel’s underground floor B201 (hereinafter “the instant officetel”) to the Defendant, a management body of the instant officetel, pursuant to the instant management agreement.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 11, the purport of the whole pleadings.

2. According to the above facts of recognition as to the Plaintiff’s assertion, there are no special circumstances.

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